THE  UNIVERSITY 


OF  ILLINOIS 


LIBRARY 


M'&.ons 

Sp  & Of 


ViO?. 


The  person  charging  this  material  is  re- 
sponsible for  its  return  on  ofo  before  the 
Latest  Date  stamped  below'!  7 

Theft,  mutilation  and  underlining  of  books 
are  reasons  for  disciplinary  action  and  may 
result  in  dismissal  from  the  University. 

UNIVERSITY  OF  ILLINOIS  LIBRARY  AT  URBANA-CHAMPAIGN 


h'JG  - f . V 


L161— 0-1096 


THE 


SPRINGFIELD 

CITY  CODE 

COMPRISING  THE 

LAWS  OF  THE  STATE  OF  ILLINOIS 


RELATING  TO  THE  GOVERNMENTlOF  THE 
CITY  OE  SPRINGFIELD,  AND  THE 

ORDINANCES  OF  THE  CITY  COUNCIL 


RECOMPILED 


BY 

CHARLES  FREDERICK  MORTIMER 


Published  by  Authority  of  the  City  Council 


SPRINGFIELD: 

ILLINOIS  STATE  JOURNAL  PRINT 
1902 


cb'p2>  \or 

\^t>^  ' 


PREFACE. 


The  necessity  for  a revision  and  compilation  of  the 
City  Code  has  been  especially  and  particularly  felt  and 
realized  by  the  Members  of  the  Bar,  the  Courts,  Members 
of  the  Council  and  City  Officials  for  some  years.  If  that 
necessity  has,  in  any  degree,  been  relieved  by  the  effort 
here  made,  I will  feel  highly  repaid  for  the  time  and 
labor  spent  in  the  technical  work  of  the  revision,  the 
result  of  which  is  now  respectfully  submitted. 

I gratefully  acknowledge  the  able  services  of  Hon. 
W.  J.  Butler,  Attorney  at  Law,  in  revising  the  laws 
affecting  the  City,  and  also  the  valuable  assistance  of 
Thomas  C.  Jewell  in  compiling  the  ordinances. 

C.  F.  MORTIMER. 

Springfield,  Illinois,  January  27th,  1902. 


216101 


CONTENTS. 


Preface 3 

Catalogue  of  Trustees,  Mayors  and  Aldermen 7 

List  of  Present  City  Officers 18 

Population  of  the  City  at  Successive  Decades 19 

Titles  of  Old  State  Laws  Relating  to  the  Town  and  City  of  Springfield 20 

Order  Directing  This  Recompilation 26 

Statutes  Relating  to  the  Government  of  the  City  of  Springfield 27 

An  Act  to  Provide  for  the  Incorporation  of  Cities  and  Villages;  in  force 
July  1,  1872 27 

Miscellaneous  Statutes  Affecting  the  Government  of  Cities 220-289 

Provisions  of  the  Former  Charter  of  the  City  of  Springfield 290-302 

The  Water  Works  Charter  and  Amendments 828 

An  Ordinance  in  Revision  and  Consolidation  of  the  General  Ordinances  of 
the  City  of  Springfield 336 

Chapter  I— The  Mayor  and  His  Duties 337 

II— Legislative  Department 339 

‘ ‘ III— Department  of  Finance 343 

IV— Department  of  Public  Works 355 

tl  V— Law  Department 378 

VI— The  Police  Department 381 

VII— The  Fire  Department 399 

‘ ‘ VIII— The  Health  Department 405 

IX— City  Scales,  Weights  and  Measures 430 

X— Cemeteries  and  Interments 437 

XI— Domestic  Animals 448 

XII— Elections 458 

XIII— Fees  and  Salaries 464 


CONTENTS. 


(> 


Chapter  XIV'  Fire  Limits,  Buildings  and  Fire  Escapes  470 

XV— Fires,  Fireworks,  Gunpowder  and  Oils 481 

X VI— Libraries  and  Reading  Rooms 489 

“ X VI I— Licenses 492 

“ XVIII— Liquors  and  Liquor  Sellers 510 

“ XIX— Misdemeanors 519 

XX— Nuisances 534 

XXI— Officers. 541 

“ XXII— Ordinances 547 

“ XXIII— Railroads 551 

“ XXIV— Sewers,  Drains,  Gas  and  Water  Pipes 561 

“ XX V— Sidewalks 568 

“ XXVI— Streets  and  Alleys 576 

“ XXVII— Street  Lights 586 

“ XXVIII  — Supplies 589 

“ XXIX— Vehicles 591 

“ XXX— The  Water  Works . ....  600 

“ XXXI— Miscellaneous  Ordinances. 619 

Special  Ordinances 653-827 

Index  to  Statutes — 303 

Index  to  Ordinances 842. 


TOWN  AND  CITY  OFFICERS. 


Catalogue  of  the  Trustees  of  the  Town  of  Springfield, 

AND  OF  THE  MAYORS  AND  ALDERMEN  OF  THE  ClTY  OF 

Springfield,  from  the  organization  of  the 
TOWN,  IN  1832,  TILL  1901,  INCLUSIVE. 


BOARD  OF  TRUSTEES. 

1832.  Charles  R.  Matheny,  President ; Cyrus  Anderson, 
John  Taylor,  Elisha  Tabor,  Mordecai  Mobley,  William 
Carpenter.* 

1833.  Charles  R.  Matheny,  President ; John  M.  Cabanis, 
William  Carpenter,  Samuel  Morris,  Stephen  T.  Logan.* 

1834.  James  R.  Gray",  President;  William  Carpenter,  Edmund 
Roberts,  Nicholas  A.  Garland,  John  Owens. 

1835.  Charles  R.  Matheny,  President ; James  L.  Lamb, 
James  W.  Keyes,  William  Alvey,  William  Carpenter,  Philip 
C.  Latham,  Peleg  C.  Canedy.* 

1836.  Charles  R.  Matheny,  President;  Peleg  C.  Canedy, 
Philip  C.  Latham,  James  W.  Keyes,  John  F.  Rague,  George 
Pasfield.* 

1837.  Charles  R.  Matheny,  President;  Peleg  C.  Canedy, 
Philip  C.  Latham,  William  Butler,  George  Pasfield, 
Joseph  Klein.* 

1838.  Charles  R.  Matheny,  President;  Peleg  C.  Canedy, 

Philip  C.  Latham,  Joseph  Klein,  Samuel  H. . Treat, 

William  Butler,  Samuel  II.  Treat.* 

1839.  Charles  R.  Matheny,  President;  Peleg  C.  Canedy, 

Philip  C.  Latham,  J oseph  Klein,  Samuel  H.  Treat, 

Abraham  Lincoln,*  Jonas  Whitney.* 

1840.  Peleg  C.  Canedy,  President;  Joseph  Klein,  Jonas 
Whitne}^,  Philip  C.  Latham,  Abraham  Lincoln. 

* Elected  to.  fill  vacancy. 


8 


TOWN  AND  CITY  OFFICERS. 


CITY  COUNCIL. t 

1840.  Mayor — Benjamin  S.  Clements.  Aldermen — 1st  Ward, 
James  K.  Gray;  2d,  Joseph  Klein;  3d,  Washington  lies; 
4th,  William  Prentiss. 

1841.  Mayor — William  L.  May.  Aldermen — 1st  Ward, 

James  R.  Gray;  2d,  Joseph  Klein;  3d,  Harrison  A.  Hough; 
4th,  Stacey  B.  Opdycke. 

1842.  Mayor — David  B.  Campbell.  Aldermen — 1st  Ward, 

John  Williams;  2d,  William  Carpenter;  3d,  Harrison  A. 
Hough ; 4th,  Stacey  B.  Opdycke. 

1843.  Mayor — Daniel  B.  Hill,  resigned;  Andrew  McCor- 
mick, elected.  Aldermen — 1st  Ward,  John  Williams;  2d, 
William  Carpenter;  3d,  Enos  M.  Henkle;  4th,  Presley  A. 
Saunders. 

1844.  Mayor — Andrew  McCormick.  Aldermen — 1st  Ward, 

Jacob  Divelbiss;  2d,  William  Carpenter;  3d,  Enos  M. 
Henkle;  4th,  Presley  A.  Saunders. 

1845.  Mayor — James  C.  Conkling.  Aldermen — 1st  Ward, 

Jacob  Divelbiss;  2d,  William  Carpenter;  3d,  Sullivan 
Conant;  4th,  Thomas  P.  Lauschbaugh. 

1846.  Mayor — Eli  Cook.  Aldermen — 1st  Ward,  John  A. 

Keedy;  2d,  William  Carpenter.;  3d,  Sullivan  Conant;  4th, 
Thomas  P.  Lauschbaugh. 

1847.  Mayor — Eli  Cook.  Aldermen — 1st  Ward,  John  A. 

Keedy;  2d,  William  Carpenter;  3d,  John  Fenner;  4th, 
John  W.  Priest. 

1848.  Mayor — Eli  Cook.  Aldermen — 1st  Ward,  Jotham  S. 

Rogers;  2d,  Pascal  P.  Enos;  3d,  John  Fenner;  4th,  John 
W.  Priest. 

1849.  Mayor — John  Calhoun.  Aldermen — 1st  Ward,  Jotham 
S.  Rogers;  2d,  Oliver  W.  Browning;  3d,  David  Sherman; 
4th,  John  W.  Priest. 

t The  town  of  Springfield  was  incorporated  as  a city  April  6,  1840,  the  original, 
city  charter  having  been  on  that  day  submitted  to  the  legal  voters  of  the  city,  and 
ratified  by  a majority  thereof;  and  afterwards,  on  April  20,  1840,  the  first  election 
was  held  for  city  officers. 


TOWN  AND  CITY  OFFICERS. 


9 


1850.  Mayor — John  Calhoun.  Aldermen — 1st  Ward,  Jotham 
S.  Rogers;  2d,  Oliver  W.  Browning;  3d,  David  Sherman; 
4th,  John  W.  Priest. 

1851.  Mayor — John  Calhoun.  Aldermen — 1st  Ward,  Jotham 
S.  Rodgers;  John  Williams;* *  2d,  Oliver  W.  Browning; 
3d,  Enos  M.  Henkle;  4th  John  W.  Priest. 

1852.  Mayor — Wm.  Lavely.  Aldermen — 1st  Ward,  Franklin 
Priest;  2d,  Edward  Jo}rce;  3d,  Enos  M.  Henkle;  4th,  John 
W.  Priest. 

1853.  Mayor — Josiah  Francis.  Aldermen — 1st  Ward,  Frank- 
lin Priest;  2d,  Edward  Joyce;  3d,  Samnel  Grubb;  4th, 
John  W.  Priest. 

1854t.  Mayor — William  H.  Herndon.  Aldermen — 1st  Ward, 
Thomas  Lewis,  Morris  Lindsay,  Allen  Francis;  2d,  William 
Butler,  Charles  H.  Lanphier,  Charles  R.  Hurst;  Benjamin 
McIntyre;*  3d,  Samuel  Grubb,  Thomas  Ragsdale,  Henry 
Vanhoff,  Edmund  G.  Johns;*  4th,  John  W.  Priest,  Reuben 
F.  Ruth,  Orson  N.  Stafford. 

1855.  Mayor — John  Cook.  Aldermen — 1st  Ward,  Allen 

Francis,  Morris  Lindsay,  Thomas  Lewis;  2d,  John  Con- 
nelly, Charles  H.  Lanphier,  Benjamin  McIntyre;  3d,  Henry 
B.  Grubb,  Thomas  Ragsdale,  Edmund  G.  J ohns ; 4th,  Henry 
P.  Cone,  Julius  H.  Currier,  Orson  H.  Stafford. 

1856.  Mayor — John  W.  Priest.  Aldermen — 1st  Ward,  Allen 
Francis,  Morris  Lindsay,  M.  M.  YanDeusen,  Consul  Samp- 
son;* 2d,  Charles  H.  Lanphier,  Charles  R.  Hurst,  John 
Connelly,  Jr.;  3d,  George  L.  Huntington,  Edmund  G. 
Johns,  Henry  B.  Grubb,  Thomas  J.  Dennis;*  4th,  Henry 
P.  Cone,  Julius  H.  Currier,  William  Harrower. 

1857.  Mayor — John  W.  Priest.  Aldermen — 1st  Ward,  Allen 
Francis,  Ralph  J.  Coats,  Consul  Sampson;  2d,  Charles 
H.  Lanphier,  Charles  R.  Hurst,  John  Connelly,  Jr.;  3d, 
Seth  M.  Tinsley,  Thomas  J.  Dennis,  George  L.  Hunting- 
ton;  4th,  William  Harrower,  Abner  J.  Allen,  Julius  H. 
Currier. 

t Prior  to  1854  there  was  but  one  alderman  elected  in  each  ward;  the  amended 

charter  of  that  year  increased  the  number  to  three  for  each  ward,  one  of  whom 

was  elected  each  year. 

* Elected  to  fill  vacancy. 


—2. 


10 


TOWN  AND  CITY  OFFICERS. 


1858.  Mayor — John  W.  Priest.  Aldermen — 1st  Ward,  Allen 
Francis,  Ralph  J.  Coats,  Consul  Sampson;  2d,  John  Con- 
nelly, Jr.,  Charles  R.  Hurst,  Charles  H.  Lanphier;  3d, 
d’homas  J.  Dennis,  George  L.  Huntington,  Seth  M.  Tins- 
ley; 4th,  Dudley  Wickersham,  Abner  J.  Allen,  William 
Harrower. 

1859.  Mayor — William  Jayne.  Aldermen — 1st  Ward,  Harri- 
son G.  Fitzhugh,  Ralph  J.  Coats,  Allen  Francis;  2d,  Zimri 
A.  Enos,  John  Connelly,  Jr.,  John  Keefner;  3d,  Henry 
Grubb,  Thomas  J.  Dennis,  Seth  M.  Tinsley;  4th  G.  B. 
Simonds,  Dudley  Wickersham,  W.  W.  Pease,  Samuel  Long,* 
James  P.  Clarkson.* 

1860.  Mayor — Goyn  A.  Sutton.  Aldermen — 1st  Ward, 

Ralph  J.  Coats,  Charles  Fisher,  Harrison  G.  Fitzhugh; 
2d,  John  W.  Chenery,  John  Connefty,  Jr.,  Zimri  A.  Enos; 
3d,  Daniel  Morse,  Thomas  J.  Dennis,  Henry  B.  Grubb; 
4th,  Richard  Young,  G.  B.  Simonds,  Dudley  Wickersham. 

1861.  Mayor — George  L.  Huntington.  Aldermen — 1st 

Ward,  John  S.  Vredenburgh,  Ralph  J.  Coats,  Harrison  G. 
Fitzhugh;  2d,  Cornelius  Ivers,  John  H.  Chenery,  Zimri 
A.  Enos;  3d,  Christopher  C.  Brown,  Henry  B.  Grubb, 
Daniel  Morse;  4th,  Andrew  J.  French,  G.  B.  Simonds, 
Richard  Young. 

1862.  Mayor — George  L.  Huntington.  Aldermen — 1st 

Ward,  Oliver  M.  Sheldon,  Ralph  J.  Coats,  John  S.  Vre- 
denburgh; 2d,  Charles  H.  Lanphier,  John  W.  Chenery, 
Cornelius  Ivers;  3d,  Henry  B.  Grubb,  Daniel  Morse, 
Christopher  C.  Brown;  4th,  Obed  Lewis,  Andrew  J.  French, 
Richard  Young. 

1863.  Mayor — John  W.  Smith.  Aldermen — 1st  Ward,  Henry 
Wohlgemuth,  Oliver  M.  Sheldon,  John  S.  Vredenburgh; 
2d,  Cornelius  Ivers,  Charles  H.  Lanphier,  Moses  K. 
Anderson;  3d,  William  J.  Conkling,  Henry  B.  Grubb, 
Daniel  Morse;  4th,  Andrew  J.  French,  Obed  Lewis,  Henry 
C.  Myers. 


* Elected  to  fill  vacancy. 


TOWN  AND  CITY  OFFICERS.  H 

1864.  Mayor — John  S.  Vredenburgii.  Aldermen — 1st  Ward, 
Ralph  J.  Coats,  Oliver  M.  Sheldon,  Henry  Wohlgemuth; 
2d,  William  Bishop,  Moses  K.  Anderson,  Charles  IT. 
Lanphier,  C.  A.  Helmle;*  3d,  William  S.  Currv,  Daniel 
Morse,  Henry  B.  Grubb,  Robert  Officer,*  Wm.  W.  Lee;* 
4th  Peter  Berriman,  Henry  C.  Myers,  Obed  Lewis,  Charles 
Dallman.* 

1865.  Mayor — Thomas  J.  Dennis.  Aldermen — 1st  Ward, 

Daniel  P.  Broadwell,  Henry  Wohlgemuth,  Ralph  J.  Coats; 
2d,  Thomas  M.  Rippon,  William  Bishop,  Moses  K.  Ander- 
son; 3d,  James  D.  Brown,  Daniel  Morse,  William  S.  Curry; 
4th,  Charles  R.  Post,  Charles  Dallman,  Henry  C.  Myers. 

1866.  Mayor — John  S.  Bradford.  Aldermen— 1st  Ward, 

James  M.  Logan,  Ralph  J.  Coats,  Daniel  P.  Broadwell, 
John  0.  Rames;*  2d,  William  Bishop,  Thomas  M.  Rip- 
pon, Moses  K.  Anderson;  3d,  William  J.  Conkling,  James 
D.  Brown,  Jackson  A.  Hough;  4th,  Isaac  A.  Hawley, 
Charles  R.  Post,  Charles  Dallman. 

1867.  Mayor — Norman  M.  Broadwell.'  Aldermen — 1st 

Ward,  Adolphus  Schwartz,  James  M.  Logan,  John  0. 
Rames;  2d,  John  S.  Yredenburgh,  Moses  K.  Anderson, 
Thomas  M.  Rippon;  3d,  Nicholas  Strott,  William  J.  Conk- 
ling, James  D.  Brown;  4th,  W.  C.  Whitney,  Isaac  A.  Haw- 
ley, Charles  R.  Post. 

1868.  Mayor — William  E.  Shutt.  Aldermen — 1st  Ward, 

John  Carmody,  Adolphus  Schwartz,  James  M.  Logan;  2d, 
Edward  J-.  Rafter,  John  S.  Yredenburgh,  Moses  K.  Ander- 
son; 3d,  James  A.  Lott,  Nicholas  Strott,  William  J.  Conk- 
ling; 4th,  Henry  Loosely,  W.  C.  Whitney,  Isaac  A.  Hawley. 

1869.  Mayor — Norman  M.  Broadwell.  Aldermen — 1st 

Ward,  Frank  Hudson,  Jr.,  John  Carmody,  William  Clark; 
2d,  George  M.  Brown,  Edward  J.  Rafter,  John  S.  Yreden- 
burgh; 3d,  John  S.  Bradford,  James  A.  Lott,  Nicholas 
Strott;  4th,  Reddick  M.  Ridgely,  W.  C.  Whitney,  Henry 
Loosely,  Obed  Lewis.* 


* Elected  to  fill  vacancy. 


12 


town  and  city  officers. 


1870.  Mayor— John  W.  Phiest.  Aldermen— 1st  Ward, 
L1  rank  \\ . 1 racy,  Prank  Hudson,  Jr.,  John  Carmody;  2d, 
Hobart  T.  Ives,  George  M.  Brown,  Edward  J.  Rafter, 
Moses  K.  Anderson;*  3d,  Henry  X.  Alden,  John  S.  Brad- 
ford, James  A.  Lott;  4th,  August  Leneger,  Reddick  M. 
Ridgely,  Obed  Lewis. 

1871.  Mayor— John  W.  Smith.  Aldermen — 1st  Ward,  Ralph 
J.  Coats,  Frank  W.  Tracy,  Frank  Hudson,  Jr.;  2d,  Charles 
A.  Hehnle,  Hobart  T.  Ives,  Maurice  Fitzgerald;  3d,  H.  S. 
Dickerman,  Henry  N.  Alden,  John  S.  Bradford;  4th, 
Lyman  Sherwood,  Obed  Lewis,  Reddick  M.  Ridgely^ 

1872.  Mayor—  John  W.  Smith.  Aldermen— 1st  Ward,  Louis 
Rosette,  Ralph  J.  Coats,  John  W.  Stultz;  2d,  Maurice 
Fitzgerald,  Charles  A.  Helmle,  Hobart  T.  Ives;  3d, 
Leonidas  H.  Bradley,  H.  S.  Dickerman,  Henry  X.  Alden; 
4th,  William  G.  Parker,  Lyman  Sherwood,  Obed  Lewis. 

1873.  Mayor — Charles  E.  Hay.  Aldermen— 1st  Ward, 
Richard  Roderick,  Louis  Rosette,  Ralph  J.  Coats;  2d,  Zimri 
A.  Enos,  Maurice  Fitzgerald,  Charles  A.  Helmle;  3d,  Ting- 
ley  S.  Wood,  Leonidas  H.  Bradley,  H.  S.  Dickerman;  4th, 
Joseph  W . Lane,  M illiam  H.  Hummell,  William  G.  Parker. 

1874.  Mayor — Obed  Lewis.  Aldermen — 1st  Ward,  Manuel 
DeSouza,  William  Hunter,  Thomas  Howey,  Hiram  0. 
Bolles  ;*  2d,  Frank  Reisch,  Jr.,  Zimri  A.  Enos,  Maurice 
Fitzgerald;  3d,  Thomas  G.  Prickett,  Tingley  S.  Wood, 
Leonidas  H.  Bradley,  Xinian  W.  Edwards;*  4th,  Edmund 
J.  Scanlan,  William  G.  Parker,  Michael  Riefler:  5th, 
Richard  Roderick,  Frank-  Hudson,  Jr.,  Louis  Rosette;  6th, 
J ohn  T.  Rhodes,  Joseph  W.  Lane,  H.  S.  Dickerman. 

1875.  Mayor — Charles  E.  Hay.  Aldermen — 1st  Ward, 
George  W.  Ivrodell,  Manuel  DeSouza,  Hiram  0.  Bolles; 
2d,  William  J.  Flynn,  Frank  Reisch,  Jr.,  Zimri  A.  Enos; 
3d,  Thomas  C.  Mather,  Thomas  G.  Prickett,  Tingley  S. 
Wood;  4th,  George  McCutcheon,  Edward  J.  Scanlan, 
Michael  Riefler;  5th,  William  H.  Staley,  Frank  Hudson, 
Jr.,  Richard  Roderick;  6th,  John  Mayo  Palmer,  John  T. 
Rhodes,  Joseph  W.  Lane. 


* Elected  to  fill  vacancy. 


TOWN  AND  CITY  OFFICERS. 


13 


1876.  Mayor — William  Jayne.  Aldermen — 1st  Ward,  John 
0.  Piper,  George  W.  Krodell,  Manuel  DeSouza ; 2d, 
Frederick  Walther,  William  J.  Flynn,  Frank  Reisch,  Jr.; 
3d,  William  Sands,  Thomas  C.  Mather,  Thomas  G. 
Prickett;  4th,  William  White,  George  14.  Hough,  Edmund 
J.  Scanlan;  5th,  Charles  Fisher,  William  H.  Staley,  Frank 
Hudson,  Jr. ; 6th,  James  C.  Conkling,  John  Mayo  Palmer, 
John  T.  Rhodes. 

1877.  Mayor — William  Jayne.  Aldermen — 1st  Ward,  Man- 
uel Alfonso,  John'O.  Piper,  George  W.  Krodell;  2d,  Alfred 
Orendorff,  Frederick  Walther,  William  J.  Flynn;  3d, 
James  W.  Smith,  William  Sands,  Thomas  C.  Mather;  4th, 
Edmund  J.  Scanlan,  William  White,  George  R.  Hough; 
5th,  John  0.  Rames,  Charles  Fisher,  William  H.  Staley; 
6th,  John  T.  Rhodes,  James  Conkling,  John  Mayo 
Palmer. 

1878.  Mayor — John  A.  Vincent.  Aldermen — 1st  Ward,  John 
E.  Rosette,  Manuel  Alfonso,  John  0.  Piper;  2d,  Joseph 
Trutter,  Dennis  O’Brien,  Alfred  Orendorff;  3d,  Byron  W. 
Ayers,  James  W.  Smith,  William  Sands;  4th,  Fred. 
McCarthy,  Edmund  J.  Scanlan,  William  White;  5th,  Wil- 
liam H.  Staley,  John  0.  Rames,  Charles  Fisher;  6th, 
Christian  Wolf,  John  T.  Rhodes,  James  C.  Conkling. 

1879.  Mayor — Robert  L.  McGuire.  Aldermen — 1st  Ward, 

John  Brennan,  John  E.  Rosette,  Manuel  Alfonso;  2d, 
Rudolph  Hellweg,  Dennis  O’Brien,  Alfred  Orendorff;*  3d, 
Joseph  Wallace,  Byron  W.  Ayers,  James  W.  Smith;  4th, 
Richard  O’Donnell,  Fred.  McCarthy,  Edmund  J.  Scanlan; 
5th,  Edward  S.  Johnson,  William  H.  Staley,  John  0. 
Rames;  6th,  Elon  P.  House,  Christian  Wolf,  John  T. 
Rhodes. 

1880.  Mayor — Horace  C.  Irwin.  Aldermen — 1st  Ward,  An- 
tonia Vieira,  John  Brennan,  John  E.  Rosette;  2d,  James 

- -Williams,  Rudolph  Hellweg,  Dennis  O’Brien;  3d,  Henry 
B.  Grubb,  Josept  Wallace,  Byron  W.  Ayers;  4th,  George 
Kern,  Richard  O’Donnell,  Fred  McCarthy;  5th,  William 
- C.  Wood,  Edward  S.  Johnson,  William  H.  Staley;  6th, 
John  T.  Rhodes,  Elon  P.  House,  Christian  Wolf.* 


Resigned;  vacancy  not  filled. 


14 


TOWN  AND  CITY  OFFICERS. 


1881.  Mayor — John  MoCreery.  Aldermen — 1st  Ward,  John 
Foster,  Antonia  Vieira,  Frank  Jacoby;  2d,  George  Rit- 
ter, James  Williams,  John  Fitzgerald;  3d,  James  W. 
Smith,  Henry  B.  Grubb,  Joseph  Wallace;  4th,  Bartley  Con- 
Ion,  George  Kern,  Richard  O’Donnell;  5th,  John  0.  Rames, 
Edward  S.  Johnson;  6th,  William  Drake,  John  T.  Rhodes, 
Hyppolite  Fayart. 

1882.  t Mayor — A.  N.  J.  Crook.  Aldermen — 1st  Ward,  John 
Foster,  Frank  Jacoby;  2d,  William  Baker,  George  A.  Bal- 
lou; 3d,  George  Ritter,  John  Fitzgerald;  4th,  J.  W.  Car- 
ter, John  Hopper;  5th,  John  T.  Rhodes,  Frank  Fleury;  6th, 
Edmund  J.  Scanlan,  Martin  Sprague;  7th,  Fred  Gehring, 
John  J.  Kelly. 

1883.  Mayor — John  McCreery.  Aldermen — 1st  Ward,  John 
Foster,  William  Daughton;  2d,  George  A.  Ballou,  William 
H.  Baker;  3d,  John  Fitzerald,  Augustus  Kessberger;  4th, 
J.  W.  Carter,  George  N.  Black;  5th,  Frank  Fleury,  E.  A. 
Hall;  6th,  E.  C.  Scanlan,  Thomas  White;  7th,  John  J. 
Kelly,  John  L.  Phillips. 

1884.  Mayor — John  McCreery.  Aldermen — 1st  Ward,  An- 
drew J.  Walker,  William  Daughton;  2d,  Benjamin  H.  Fer- 
guson, William  H.  Baker;  3d,  William  Sheehan,  August 
Keesberger;  4th,  Charles  G.  Moody,  George  K.  Black;  5th, 
James  H.  Barkley,  E.  A.  Hall;  6th,  E.  C.  Scanlan,  Thomas 
White;  7th,  John  L.  Phillips,  Samuel  H.  Marshall. 

1885.  Mayor — J.  M.  Garland.  Aldermen — 1st  Ward,  Andrew 
J.  Walker,  Eugene  Colgan;  2d,  Benjamin  H.  Ferguson, 
William  Johnson;  3d,  William  Sheehan,  Fred.  Sommers; 
4th,  Charles  G.  Moody,  George  K.  Black,  5th,  James  H. 
Barkley,  Robert  C.  Steele;  6th,  Thomas  White,  Henry  P. 
Hall  ; 7th,  Samuel  H.  Marshall,  John  L.  Phillips. 

1886.  Mayor — James  M.  Garland.  Aldermen — 1st  Ward, 

Eugene  Colgan,  Andrew  J.  Walker;  2d,  William  John- 
son, Benjamin  H.  Ferguson;  3d,  Fred.  Sommers,  Zimri 
A.  Enos;  4th,  George  K.  Black,  Charles  W.  Prouty;  5th, 
Robert  C.  Steele,  Alexander  McCosker;  6th,  Henry  P. 
Hall,  Thomas  White;  7th,  John  L.  Phillips,  Bluford 
Graves. 

tThe  Mayor,  Aldermen  and  other  elective  officers  for  the  above  year  were 

elected  at  a special  election  held  May  9,  1882, 


TOWN  AND  CITY  OFFICERS. 


15 


1887.  Mayor — Charles  E.  Hay.  Aldermen — 1st  Ward, 

Andrew  J.  Walker,  P.  E.  Compton;  2d,  Benjamin  II. 
Ferguson,  Henry  L.  Vanlloff;  3d,  Zimri  A.  Enos,  Fred. 
Sommers;  4th,  Charles  W.  Prouty,  John  W.  Chenery; 
5th,  Alexander  McCosker,  Joseph  D.  Myers;  Gth,  Thomas 
White,  Michael  Myers;  7th,  Bluford  S.  Graves,  Adam 
Fehr. 

1888.  Mayor — Charls  E.  Hay^.  Aldermen — 1st  Ward,  P. 
E.  Compton,  Andrew  J.  Walker;*  2d,  Henry  L.  VanHoff, 
B.  H.  Ferguson;  3d,  Fred.  Sommer,  Z.  A.  Enos;  4th,  John 
W.  Chenery,  Chas.  W.  Prouty;  5th,  J.  D.  Myers,  Fred.  L. 
Matthews ; Gth,  Michael  Myers,  Thomas  White ; 7th,  Adam 
Fehr,  Jacob  Wheeler. 

1889.  Mayor — Charles  E.  Hay.  Aldermen — 1st  Ward,  John 
Franks,  Calvin  L.  Elliott;  2d,  B.  H.  Ferguson,  Edward 
S.  Gard;  3d,  Z.  A.  Enos,  John  M.  Striffler;  4th,  Chas.  W. 
Prouty,  Eudolph  Hellweg;  5th,  Fred.  L.  Matthews,  Joseph 
D.  Myers ; Gth,  Thomas  White,  Conrad  Hartman ; 7th, 
Jacob  Wheeler,  Adam  Fehr. 

1890.  Mayor — Charles  E.  Hay.  Aldermen — 1st  Ward,  Cal- 
vin L.  Elliott,  John  Franks;  2d,  Edward  S.  Gard,  Frank 
Hudson;  3d,  John  M.  Striffler,  Thomas  H.  Salmon;  4th, 
Eudolph  Hellweg,  Chas.  J.  Ambs;  5th,  F.  L.  Matthews, 
J.  D.  Myers;  6th,  D.  F.  Cullom,  Thomas  White;  7th,  Adam 
Fehr,  James  T.  Sullivan. 

1891.  Mayor — Eiieuna  D.  Lawrence.  Aldermen — 1st  Ward, 
John  Franks,  Maurice  Powers;  2d,  Frank  Hudson,  Jacob 
Ball;  3d,  Thos.  H.  Salmon,  Jacob  Schilling;  4th,  C.  J. 
Ambs,  John  Black;  5th,  F.  L.  Matthews,  J.  D.  Myers;  Gth, 
Thomas  White,  Frank  Elshoff;  7th,  James  T.  Sullivan, 
Evan  T.  Brewer 

1892.  Mayor — E.  D.  Lawrence.  Aldermen — 1st  Ward,  John 
Franks,  M.  J.  Powers;  2d,  Frank  Hudson,  Jacob  Ball;  3d, 
Thos.  Salmon,  J acob  Schilling ; 4th,  Charles  J.  Ambs,  J ohn 
W.  Black;  5th,  F.  L.  Matthews,  Joseph  D.  Meyers;  Gth, 
Thos.  White,  Frank  Elshoff;  7th,  James  T.  Sullivan,  E.  T. 
Brewer. 


Seat  contested. 


lb  TOWN  AND  CITY  OFFICERS. 

1803.  Mayor — R.  I).  Lawrence.  Aldermen— 1st  Ward,  M. 

J.  Powers,  W.  F.  Reilly;  2d,  Jacob  F.  Ball,  Edward.  Hen- 
derson; 3d,  Jacob  Schilling,  George  Reisch;  4th,  John  W. 
Black,  Charles  F.  Rippey;  5th,  Joseph  D.  Meyers,  Robert 
C.  Steele;  6th,  Frank  Elshoff,  Thos.  White;  7th,  E.  T. 
Brewer,  John  L.  Phillips. 

1804.  Mayor — Frank  Kramer.  Aldermen — 1st  Ward,  Wm. 
F.  Reilly,  P.  F.  Murphy;  2d,  Edward  Henderson,  Jacob 
F.  Ball;  3d,  George  Reisch,  Jacob  Schilling;  4th,  Charles 
F.  Rippev,  George  W.  Stubbs;  5th,  Robt.  C.  Steele,  J.  W. 
Southwick;  6th,  Thos.  White,  E.  R.  Saylor;  7th,  John  L. 
Phillips,  M.  U.  Woodruff. 

1805.  Mayor — Frank  Kramer.  Aldermen — 1st  Ward,  P.  T. 
'Murphy,  Frank  Koch;  2d,  Jacob  F.  Ball,  Pascal  E.  Hatch; 
3d,  Loren  E.  Wheeler,  John  Biernbaum;  4th,  George  W. 
Stubbs,  Charles  Rippey;  5th,  J.  W.  Southwick,  R.  C. 
Steele;  6th,  E.  R.  Saylor,  Otto  Miller;  7th,  M.  U.  Wood- 
ruff, John  L.  Phillips. 

1896.  Mayor — M.  U.  Woodruff.  Aldermen — 1st  Ward,  F. 

Hicklin,  Frank  Koch;  2d,  C.  E.  Paullin,  Pascal  E.  Hatch; 
3d,  J.  M.  Striffler,  John  Biernbaum;  4th,  L.  Zumbrook, 
Charles  Rippey;  5th,  H.  0.  McGrue,  R.  C.  Steele;  6th,  J. 
Ettlebrick,  Otto  Miller;  7th,  J,  Sutton,  John  L.  Phillips. 

1897.  Mayor — M.  U.  Woodruff.  Aldermen — 1st  Ward,  John 
Franks,  F.  Hicklin;  2d,  Pascal  E.  Hatch,  C.  E.  Paullin; 
3d,  Loren  Wheeler,  J.  M.  Striffler;  4th,  Charles  Rippey,  L. 
Zumbrook ; 5th,  R.  C.  Steele,  H.  0.  McGrue ; 6th,  Otto  Mil- 
ler, John  Ettlebrick;  7th,  John  L.  Phillips,  J.  Sutton. 

1898.  Mayor — Loren  Wheeler.  Aldermen — 1st  Ward,  Geo. 
Fitzgerald,  John  Franks;  2d,  J.  E.  Gard,  Pascal  E.  Hatch; 
3d,  Chas.  Riefler,  John  Striffler;  4th,  L.  H.  Zumbrook, 
Charles  Rippey;  5th,  H.  O.  McGrue,  Robert  C.  Steele;  6th, 
John  Ettlebrick,  Otto  Miller;  7th,  J.  Sutton,  John  L. 
Phillips. 


TOWN  AND  CITY  OFFICERS. 


17 


1899.  Mayor — Loren  Wheeler.  Aldermen — 1st  Ward,  Geo. 
Fitzgerald,  John  Franks;  2d,  J.  E.  Gard,  R.  W.  Casey; 
3d,  Chas.  Riefler,  John  Striffler;  4th,  L.  H.  Zumbrook, 
Oscar  Ansell;  5th,  H.  0.  iMcGrue,  R.  A.  Higgins;  6th, 
John  Ettlebrick,  Thomas  White;  7th,  J.  Sutton,  John  L. 
Phillips. 

1900.  Mayor — Loren  Wheeler.  Aldermen — 1st  Ward,  Robt. 
Goodwin,  John  Franks;  2d,  J.  R.  Miller,  R.  W.  Casey;  3d, 
J.  H.  O’Brien,  John  Striffler;  4th,  J.  C.  Neuman,  Oscar 
Ansell;  5th,  H.  0.  McGrue,  R.  A.  Higgins;  6th,  J.  Ettle- 
brick, Thomas  White;  7th,  Chas.  Springer,  J.  L.  Phillips. 

1901.  Mayor — John  L.  Phillips.  Aldermen — 1st  Ward, 
Robt.  Goodwin,  Joseph  DeSilva;  2d,  J.  R.  Miller,  James 
Shaw;  3d,  John  Heimberger,  Conrad  Wirth;  4th,  John  C. 
Neuman,  Oscar  Ansell;  5th,  H.  0.  McGrue,  R.  A.  Higgins; 
6th,  Thos.  White,  Fred  Hoelzel;  7th,  James  Sutton,  W.  L. 
Ensel. 


PRESENT  OFFICERS,  1902. 


JOHN  L.  PHILLIPS. 

Comptroller, 

RICHARD  T.  HICKMAN. 

Clerk, 

THOMAS  R.  OWEN, 

Treasurer, 

DAVID  S.  GRIFFITHS. 

Attorney, 

C.  F.  MORTIMER. 

City  Engineer, 

FRANK  H.  HAMILTON. 

Superintendent  of  Police. 

HENRY  HERRING. 

Fire  Marshal, 

OTTO  MILLER. 

Superintendent  of  Water  Works, 

CHAS.  VALENTINE. 

Superintendent  of  Streets, 

S.  D.  GRANT. 

Sanitary  Inspector, 

F.  IT.  PATTERSON. 

City  Prison  Keeper, 

WILBUR  F.  MORRIS. 

ALDERMEN, 

First  Ward, 

Jos.  DeSilva,  Robert  Goodwin, 


Mayor 


Second  Ward. 


J.  E.  Gard. 


John  G.  Friedmeyer. 


Third  Ward. 


Edward  Garms. 


Conrad  Wirth. 


Fourth  Ward. 


Oscar  Ansell, 


John  C.  Neuman. 


Fifth  Ward. 


Walter  VanDuyn. 


H.  0.  McGrue. 


Sixth  Ward, 


Thos.  White, 


Fred  Hoelzel. 


Seventh  Ward. 


E.  T.  Brewer. 


Wm.  L.  Ensel. 


POPULATION 


OF  THE 

CITY  OF  SPRINGFIELD  AT  SUCCESSIVE  DECADES. 


Federal  Census,  1840 2,579 

“ “ 1850 4,533 

“ “ 1860 9,320 

1870 17,364 

“ “ 1880 19,743* 

“ “ 1890 25,902 

“ “ 1900 34,159 


* The  last  enumeration  does  not  include  the  villages  of  West  Springfield,  South 
Springfield  and  Ridgefly,  which  properly  belong  to  the  city,  and  whose  added 
inhabitants  would  increase  the  total  population  to  more  than  30,000. 


A LIST  OF  TITLES 


To  Old  State  Laws,  Relating  to  the  Town  and  City 
of  Springfield. 


An  Act  establishing  the  County  of  Sangamon.  Approved 
January  30,  1821 — Laws  of  1821,  page  45.* 

An  Act  establishing  the  permanent  boundaries  of  Sangamon 
county,  and  providing  for  the  permanent  location  of  the 
county  seat.  Approved  December  23,  1824 — Laws  of 
1825,  page  20.* 

An  Act  concerning  the  Town  of  Springfield.  Approved 
February  9,  1827 — Laws  of  1827,  page  23. 

An  Act  to  incorporate  the  inhabitants  of  such  towns  as  may 
wish  to  be  incorporated.  Approved  February  12,  1831 — 
Laws  of  1831,  page  82. t 

An  Act  for  the  re-survey  of  the  Town  of  Springfield.  Ap- 
proved February  20,  1833 — Private  Laws  of  1833,  page 
210.t 

An  Act  further  defining  the  powers  and  duties  of  trustees 
of  incorporated  towns.  Approved  January  31.  1835 — 
Laws  of  1835,  page  175. 

* In  accordance  with  the  provisions  of  these  two  acts,  the  county  seat  of  Sanga- 
mon county  was,  on  April  10,  1821,  temporarily,  and  afterwards,  on  March  18,1825, 
permanently  located  at  Springfield;  and  the  title  to  a considerable  portion  of  the 
most  valuable  real  estate  in  the  city  is  derived  through  the  donation  made  to  the 
county,  in  virtue  of  the  last  named  act,  by  the  original  proprietors  of  the  town,  in 
consideration  of  the  location  of  the  county  seat  as  aforesaid. 

t The  Town  of  Springfield  was  first  incorporated  under  this  act  on  April  2,  1832. 

$ This  act  declares  deeds  made  for  lots  in  the  town  of  Calhoun  valid,  and  makes 
said  town  a part  of  the  Town  of  Springfield. 


A LIST  OF  TITLES. 


21 


An  Act  permanently  to  locate  the  seat  of  government  of  the 
State  of  Illinois.  Approved  February  25,  1837 — Laws  of 
1837,  page  321. 

An  Act  supplemental  to  an  act  to  permanently  locate  the  seat 
of  government  of  Illinois.  Approved  March  3,  1837 — 
Laws  of  1837,  page  322. 

An  Act  to  extend  the  corporate  powers  of  the  president  and 
trustees  of  the  Town  of  Springfield.  Approved  July  20, 
1837 — Laws  of  1837,  special  session,  page  94. 

An  Act  in  relation  to  the  Town  of  Springfield.  Approved 
February  15,  1839 — Laws  of  1839,  page  104.* 

An  Act  to  incorporate  the  city  of  Springfield.  Approved  Feb- 
ruary 3,  1840 — Laws  of  1840  (special  session),  page  6.t 

An  Act  to  amend  “An  act  to  incorporate  the  City  of  Spring- 
field.”  Approved  February  27,  1841 — Laws  of  1841,  page 
61. 

An  Act  authorizing  certain  debtors  of  the  State  to  discharge 
their  indebtedness  in  Illinois  internal  improvement  scrip. 
Approved  February  27,  1841 — Laws  of  1841,  page  300. 

An  Act  to  amend  the  charter  of  the  City  of  Springfield.  Ap- 
proved February  23,  1843 — Laws  of  1843,  page  65. 

An  Act  to  amend  the  act  entitled  “An  act  to  incorporate  the 
City  of  Springfield.”  Approved  February  26,  1845 — Laws 
of  1845,  page  285. 

An  Act  to  suspend  an  act  therein  named.  Approved  March 
. 1,  1845 — Laws  of  1845,  page  105. 

An  Act  to  amend  the  “Act  to  incorporate  the  City  of  Spring- 
field.”  Approved  January  26,  1849 — Laws  of  1849,  page 
15. 

* This  act  relates  to,  and  restricts  the  boundaries  of,  the  town, 
t This  was  the  original  charter  of  the  City  of  Springfield.  It  was  amended  by 

the  six  succeeding  acts  above  named,  and  was  superseded  by  the  later  city  char- 
ter, approved  March  2,  1854. 


A LIST  OF  TITLES. 


oo 

/V  /V 


An  Act  requiring  the  sheriff  of  Sangamon  county  to  pay  cer- 
tain fines  to  the  treasurer  of  the  City  of  Springfield.  Ap- 
proved February  15,  1851 — Laws  of  1851,  page  123. 

An  Act  for  the  better  government  of  towns  and  cities,  and  to 
amend  the  charters  thereof.  Approved  February  27,  1854 
— Laws  of  1854,  page  11.* 

An  Act  to  amend  the  charters  of  the  several  towns  and  cities 
in  this  State.  Approved  March  1,  1854 — Laws  of  1854, 
page  22. 

An  Act  to  reduce  the  act  incorporating  the  City  of  Spring- 
field,  and  the  several  acts  amendatory  thereof,  into  one  act, 
and  to  amend  the  same.  Approved  March  2,  1854 — Pri- 
vate Laws  of  1854,  page  35. t 

An  Act  to  amend  the  charter  of  the  City  of  Springfield.  Ap- 
proved February  14,  1855 — Private  Laws  of  1855,  page  75. 

An  Act  to  repeal  the  sixth  and  seventh  sections  of  an  act 
entitled  “An  act  to  amend  the  charter  of  the  City  of 
Springfield,”  approved  February  14,  1855;  and  also  sec- 
tion (4)  of  article  thirteen  (13)  of  an  act  entitled  “An 
act  to  reduce  the  act  incorporating  the  City  of  Spring- 
field,  and  the  several  acts  amendatory  thereof,  into  one  act, 
and  to  amend  the  same,”  approved  March  2,  1854.  Ap- 
proved February  16,  1857 — Private  Laws  of  1857,  page 
1050. 

Ax  Act  to  amend  an  act  entitled  “ An  act  to  amend  the  char- 
ter of  the  City  of  Springfield,”  approved  February  14, 
1855;  and  to  amend  certain  sections  of  the  said  charter  of 
the  said  City  of  Springfield.  Approved  February  18,  1857 
— Private  Laws  of  1857,  page  1229. 

Ax  Act  to  amend  the  charter  of  the  City  of  Springfield.  Ap- 
proved February  18,  1859 — Private  Laws  of  1859,  page 
269. 

* This  act  first  established  police  magistrates’  courts  in  the  State. 

fThe  act  of  March  2,  1854,  with  its  successive  amendments,  continued  in  force 

as  the  charter  of  the  City  of  Springfield  until  April  4,  1882,  when,  by  vote  of  the 

electors  of  the  city,  the  same  became  incorporated  under  the  general  incorpora- 
tion law  of  1872. 


A LIST  OF  TITLES. 


23 


An  Act  to  amend  the  charter  of  the  City  of  Springfield.  Ap- 
proved February  21,  1861 — Private  Laws  of  1861,  page  277. 

An  Act  to  amend  the  charter  of  the  City  of  Springfield.  Ap- 
proved February  16,  1865 — Private  Laws  of  1865. 

An  Act  to  amend  the  charter  of  the  City  of  Springfield.  Ap- 
proved March  29,  1869 — Private  Laws  of  1869,  vol.  11, 
page  241. 

An  Act  to  incorporate  the  Springfield  Gas  Light  Company. 
Approved  February  27,  1854 — Private  Laws  of  1854  (spe- 
cial session),  page  189. 

An  Act  to  incorporate  the  managers  of  Oak  Ridge  Cemetery. 
Approved  March  2,  1869 — Private  Laws  of  1869,  vol.  I, 
page  319.* 

An  Act  to  authorize  the  election  of.  supervisors  in  the  various 
wards  of  the  City  of  Springfield,  Illinois.  . Approved 
February  16,  1863 — Private  Laws  of  1863,  page  170. 

An  Act  to  divide  the  town  of  Springfield  into  election  districts. 
Approved  February  19,  1867 — Private  Laws  of  1867,  vol. 
I,  page  917. 

* No  organization  was  ever  effected  under  the  provisions  of  this  act,  the  same 

having  been  considered  unconstitutional. 


STATUTES 

AND 

ORDINANCES 


—3 


An  Order 


RELATIVE  TO  THE  REVISION  ANI)  RECOMPILATION  OF  THE  CITY  CODE. 

Be  it  ordered  by  the  City  Council  of  the  City  of  Springfield: 

That  the  City  Code  of  the  City  of  Springfield,  be  revised  and  recompiled  and 
that  said  revision  and  recompilation  be  in  charge  and  under  the  supervision  of  C. 
K.  Mortimer,  City  Attorney.  Said  revision  of  the  City  Code  above  mentioned  to 
be  paid  out  of  the  Contingent  Fund  of  said  City,  in  a sum  not  to  exceed  Fifteen 
Hundred  Dollars.  It  is  further  ordered  that  said  City  Attorney  employ  such  as- 
sistance as  may  be  necessary  for  the  revision  herein  mentioned,  by  and  with  the 
consent  and  approval  of  the  Mayor. 

State  of  Illinois,  I 
County  of  Sangamon.  Sss' 

I,  T.  R.  Owen,  City  Clerk  of  the  City  of  Springfield,  in  the  County  and  State 
aforesaid,  do  hereby  certify  that  the  foregoing  is  a true  and  correct  copy  of  an 
order  relative  to  the  revision  and  recompilation  of  the  City  Code,  passed  at  a 
meeting  of  the  City  Council  held  Monday  evening,  May  6,  1901. 

( Seal  of  the  / Given  under  my  hand  and  seal  of  said  City  of  Springfield, 

-(  City  of  > this  9th  day  of  January,  1902. 

( Springfield.  ) T.  R.  Owen,  City  Clerk. 


An  Ordinance 


providing  for  the  publication  of  the  laws  and  ordinances  of  the 

CITY  OF  SPRINGFIELD. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

Section  1.  That  the  laws  and  ordinances.governing  said  City,  as  recompiled 
and  revised  by  C.  F.  Mortimer,  City  Attorney,  be,  and  the  same  are  hereby  or- 
dered printed  and  published  in  book  form,  to  be  styled  the  “Springfield  City 
Code.” 

§2.  This  ordinance  shall  take  effect  and  be  in  force  from  and  after  its  passage. 
Passed,  January  27th,  1902. 

Approved,  January  27th,  1902. 

J.  L.  Phillips,  Mavor 

T.  R.  Owen,  City  Clerk. 

STATE  OF  ILLINOIS,  ) 

County  of  Sangamon,  >ss 

City  of  Springfield.  ) I,  Thomas  R.  Owen,  City  Clerk  of  the  City  of 
Springfield,  do  hereby  certify  that  the  above  and  foregoing  is  a true  copy  of  the 
ordinance  entitled  “An  ordinance  providing  for  the  publication  of  the  laws  and 
ordinances  of  the  City  of  Springfield.”  Passed  by  the  City  Council  of  the  City  of 
Springfield,  on  the  27th  day  of  January,  1902. 

I hereby  certify  that  the  original  ordinance  of  which  the  foregoing  is  a certi- 
fied copy  intrusted  to  my  custody  for  safe  keeping  and  is  now  on  file  in  my  office. 
( Seal  of  the  ) Witness  my  hand  and  the  corporate  seal  of  said  City,  this 
] City  of  S 27th  day  of  January,  A.  D.  1902. 

( Springfield.  ) T.  R.  Owen,  City  Clerk. 


STATUTES 


RELATING  TO 

THE  GOVERNMENT  OF  THE  CITY  OF  SPRINGFIELD. 


AN  ACT  TO  PROVIDE  FOR  THE  INCORPORATION  OF  CITIES  AND 

villages.  [Approved  April  10,  1872;  in  force  July  1,  1872.] 

Adopted  by  the  City  of  Springfield,  at  an  election  held  April  4,  1882,  and  de- 
clared by  the  City  Council  April  6,  1882. 


CITIES  AND  VILLAGES. 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , 
represented  in  the  General  Assembly,  as  follows: 

ARTICLE  I. 

OF  THE  ORGANIZATION  OF  CITIES. 

1.  How  city  may  be  incorporated  under  this  act.] 

§ 1.  That  any  city  now  existing  in  this  State  may  become 
incorporated  under  this  act  in  the  manner  following:  When- 

ever one-eighth  of  the  legal  voters  of  such  city  voting  at  the 
last  preceding  municipal  election  shall  petition  the  mayor  and 
council  thereof  to  submit  the  question  as  to  whether  such  city 
shall  become  incorporated  under  this  act  to  a vote  of  the  electors 
in  such  city,  it  shall  be  the  duty  of  such  mayor  and  council  to 
submit  such  question  to  a vote  of  the  electors  of  said  city  at  the 
next  ensuing  municipal  election  of  said  city  or  at  a special  elec- 
tion to  be  designated  by  them,  and  to  give  the  notice  required 
by  law.  [As  amended  by  Act  approved  June  21,  1895.  In 
force  July  1,  1895  ; L.  1895,  p.  97. 

2.  Notice  of  election.]  § 2.  The  mayor  of  such  city 
shall  give  at  least  thirty  day’s  notice  of  such  election,  by  pub- 
lishing a notice  thereof  in  one  or  more  newspapers  within  such 
city ; but  if  no  newspaper  is  published  therein,  then  by  posting 
at  least  five  copies  of  such  notice  in  each  ward. 

3.  The  ballot — result.]  § 3.  The  ballots  to  be  used  at 

such  election  shall  be  in  the  following  form  : “For  city  or- 


STATUTES  RELATING  TO  CITY. 


28 

ganization  under  general  law ;”  or,  “Against  city  organization 
under  general  law.”  The  judges  of  such  election  shall  make 
returns  thereof  to  the  city  council,  whose  duty  it  shall  be  to 
canvass  such  returns  and  cause  the  result  of  such  canvass  to 
he  entered  on  the  records  of  such  city.  If  a majority  of  the 
votes  cast  at  such  election  shall  be  for  city  organization  under 
general  law,  such  city  shall  thenceforth  be  deemed  to  be  or- 
ganized under  this  act;  and  the  city  officers  then  in  office  shall, 
thereupon,  exercise  the  powers  conferred  upon  like  officers  in 
this  act,  until  their  successors  shall  be  elected  and  qualified. 

4.  How  towns  may  become  cities.]  § 4.  Any  incorpor- 
ated town  or  village,  in  this  state,  having  a population  of  not 
less  than  one  thousand  (1,000)  inhabitants,  may  become  in- 
corporated as  a city  in  like  manner  as  hereinbefore  provided; 
but  in  all  such  cases  the  president  and  trustees  of  such  town 
or  village  shall,  respectively,  perform  the  same  duties  relative 
to  such  change  of  organization  as  is  above  required  to  be  per- 
formed by  the  mayor  and  council  of  cities.  [As  amended  by 
act  approved  May  25^  1877.  In  force  July  1,  1877.  L.  1877, 
p.  54. 

5.  Organizing  a city — petition — election — result  ] § 5. 

Whenever  any  area  of  contiguous  territory  in  this  state, 
not  exceeding  four  square  miles,  shall  have  resident  thereon 
a population  of  not  less  than  one  thousand  inhabitants,  which 
shall  not  already  be  included  within  any  incorporated  town  or 
city,  the  same  may  become  incorporated  as  a city  in  manner  fol- 
lowing: Any  fifty  legal  voters  thereof  may  file  in  the  office  of 

the  clerk  of  the  county  court,  of  the  county  in  which  such  in- 
habitants reside,  a petition,  addressed  to  the  judge  of  such 
court;  and  if  the  territory  described  in  said  petition  shall  be 
in  more  than  one  county,  then  the  petition  shall  be  addressed 
to  the  judge  of  the  court  where  a greater  part  of  such  territory 
is  situated;  which  petition  shall  define  the  boundaries  of  such 
proposed  city,  and  state  the  number  of  inhabitants  residing 
within  such  limits,  and  also  state  the  name  of  such  proposed 
city,  and  shall  contain  a prayer  that  the  question  be  submitted 
to  the  legal  voters  residing  within  such  limits  whether  they 
will  organize  as  a city  under  this  act.  It  shall  be  the  duty  of 
the  county  judge  to  fix  a time  and  place,  within  the  boundaries 


ORGANIZATION  OF  CITIES. 


29 


of  such  proposed  city,  at  which  an  election  may  be  held  to 
determine  such  question;  and  such  judge  shall  name  the  persons 
to  act  as  judges  in  holding  such  election,  and  shall  give  notice 
thereof  by  causing  ten  notices  to  be  posted  in  public  places 
within  such  proposed  city.  And  the  third  section  of  this  article 
shall  be  applicable  to  such  election : Provided , that  the  returns 

of  such  election  shall  be  made  to  and  canvassed  by  the  county 
judge  and  any  two  justices  of  the  peace  whom  he  shall  call  to 
his  assistance,  instead  of  the  city  council;  and  the  result  of 
such  election  shall  be  entered  upon  the  records  of  such  county 
court.  If  a majority  of  the  votes  cast  at  such  election  shall 
be  “For  city  organization  under  general  law,”  the  inhabitants 
of  such  territory,  described  in  such  petition,  shall  be  deemed 
to  be  incorporated  as  a city,  under  this  act,  and  with  the  name 
stated  in  the  petition.  [See  § 175. 

6.  Courts  to  take  judicial  notice  of  organization,  etc.] 

§ 6.  All  courts  in  this  State  shall  take  judicial  notice 
of  the  existence  of  all  villages  and  cities  organized  under  this 
act,  and  of  the  change  of  the  organization  of  any  town  or  city 
from  its  original  organization  to  its  organization  under  this  act; 
and  from  the  time  of  such  organization,  or  change  of  organi- 
zation, the  provisions  of  this  act  shall  be  applicable  to  such  cit- 
ies and  villages,  and  all  laws  in  conflict  therewith  shall  no  lon- 
ger be  applicable.  But  all  laws  or  parts  of  laws,  not  inconsistent 
with  the  provisions  of  this  act,  shall  continue  in  force  and  ap- 
plicable to  any  such  city  or  village,  the  same  as  if  such  change  of 
organization  had  not  taken  place. 

7.  Election  of  officers.]  § 7.  It  shall  be  the  duty  of 
the  president  and  board  of  trustees  of  any  town  which  shall 
have  voted  to  change  its  organization  to  a city,  under  this  act, 
to  call  and  give  notice  of  an  election  to  elect  city  officers,  and 
to  designate  the  time  and  place  or  places  of  holding  the  same. 
Such  notice  shall  be  published  in  a newspaper,  if  there  be  one, 
within  the  town,  or  posted  in  ten  public  places,  for  at  least 
twenty  days  before  such  election.  Such  president  and  trus- 
tees shall  appoint  the  judges  and  clerks  to  hold  such  election, 
canvass  the  returns  thereof,  and  cause  the  result  to  be  entered 
upon  the  records  of  the  town;  and  the  provisions  of  this  act. 


30 


STATUTES  RELATING  TO  CITY. 


relative  to  the  election  of  city  officers,  shall  be  applicable  thereto; 
but,  at  such  election,  aldermen  may  be  elected  on  a general 
ticket. 

8.  When  county  judge  to  give  notice  of  election,  etc.] 

§ 8.  In  case  of  cities  organizing  under  section  five  (5)  of 
this  article,  the  county  judge  shall  call  and  give  notice  of  the 
election,  and  perform  the  same  duties  relative  thereto  as  is 
above  required  to  be  performed  by  president  and  trustees  of  such 
town,  and  in  canvassing  such  returns  shall  call  to  his  assistance 
two  justices  of  the  peace.  [See  § 52. 

9.  Term  of  first  officers.  ] § 9.  The  city  officers  elected 

under  either  of  the  preceding  sections,  shall  hold  their  re- 
spective offices  until  the  next  succeeding  regular  election  for 
such  officers,  respectively,  and  until  their  successors  are  elected 
and  qualified,  as  provided  in  this  act. 

10.  Corporate  name — powers.]  § 10.  Cities  organized 
under  this  act  shall  be  bodies  politic  and  corporate,  under  the 
name  and  style  of  “City  of  (name),”  and  under  such  name  may 
sue  and  be  sued,  contract  and  be  contracted  with,  acquire  and 
hold  real  and  personal  property  for  corporate  purposes,  have 
a common  seal,  and  change  the  same  at  pleasure,  and  exercise 
all  the  powers  hereinafter  conferred. 

11.  Prior  ordinances,  etc.,  in  force  until,  etc.]  §11. 

All  ordinances,  resolutions  and  by-laws  in  force  in  any  city  or 
town  when  it  shall  organize  under  this  act,  shall  continue  in 
full  force  and  effect  until  repealed  or  amended,  notwithstand- 
ing such  change  of  organization;  and  the  making  of  such 
change  of  organization  shall  not  be  construed  to  effect  a change 
in  the  legal  identit}^  as  a corporation,  of  such  city  or  town. 

12.  Rights,  etc.,  of  old  corporations  to  vest  in  new.] 

§ 12.  All  rights  and  property  of  every  kind  and  description, 
which  were  vested  in  any  municipal  corporation  under  its 
former  organization,  shall  be  deemed  and  held  to  be  vested  in 
the  same  municipal  incorporation  upon  its  becoming  incorpo- 
rated under  the  provisions  of  this  act;  but  no  rights  or  liabili- 
ties, either  in  favor  of  or  against  such  corporation,  existing  at 
the  time  of  so  becoming  incorporated  under  this  act,  and  no 


ORGANIZATION  OF  CITIES. 


31 


suit  or  prosecution  of  any  kind,  shall  be  affected  by  such  change, 
but  the  same  shall  stand  and  progress  as  if  no  change  had  been 
made:  Provided , that  when  a different  remedy  is  given  by 

this  act,  which  may  properly  be  made  applicable  to  any  right 
existing  at  the  time  of  such  city  so  becoming  incorporated  un- 
der this  act,  the  same  shall  be  deemed  cumulative  to  the  reme- 
dies before  provided,  and  used  accordingly. 

13.  Record  of  result  of  election.]  § 13.  The  corpo- 
rate authorities  of  any  city  or  village  which  may  become  organ- 
ized under  this  act,  shall  within  three  (3)  months  after  organi- 
zation hereunder,  cause  to  be  filed  in  the  office  of  the  recorder 
of  deeds  of  the  county  in  which  such  city  or  village  is  sit- 
uated, a certified  copy  of  the  record  of  the  county  court  or  of 
the  city  or  village  in  the  matter  of  such  organization  showing 
the  canvass  of  the  votes  and  the  result  of  the  election  whereby 
such  city  or  village  became  so  organized,  and  the  recorder  of 
deeds  shall  record  the  same.  And  upon  such  record  having 
been  duly  recorded  by  the  recorder  of  deeds  aforesaid,  he  shall 
immediately  transmit  the  same  to  the  Secretary  of  State  to- 
gether with  his  certificate  of  such  recordation  endorsed  thereon 
or  annexed  thereto  and  it  appearing  from  the  recitals  in  said 
record  that  the  provisions  of  this  act  have  been  duly  complied 
with,  the  Secretary  of  State  shall  file  the  same  and  charter  said 
city  or  village  by  his  certificate  duly  authenticated  under  his 
hand  and  the  great  seal  of  State.  The  Secretary  of  State  shall 
keep  a register  of  cities  and  villages  organized  under  the  pro- 
visions of  this  act.  [As  amended  by  Act  approved  June  7, 
1895.  In  force  July  1,  1895;  L.  1895,  p.  96. 

13a.  City  register’s  office  abolished.]  § 14.  If  any 

city  organized  or  which  may  hereafter  organize  under  this  act, 
shall  have  had  by  the  terms  and  provisions  of  its  special  charter 
a city  register’s  office  or  other  office  in  which  deeds,  mortgages 
or  other  instruments  were  required  or  authorized  by  law  to  be 
recorded  in  lieu  of  recording  the  same  in  the  recorder’s  office 
in  the  county  where  said  city  was  situated,  such  city  register’s 
office  or  recorder’s  office  shall  be  discontinued  under  this  act, 
and  the  city  register  or  recorder  or  other  officer  having  the  cus- 
tody of  the  records,  books  and  papers  pertaining  to  such  city 
register  or  recorder’s  office,  shall  deposit  such  records  and  books 


STATUTES  RELATING  TO  CITY. 


32 

mid  papers  in  the  office  of  the  recorder  of  deeds  of  the  county, 
in  which  such  city  is  situated,  and  shall  take  the  receipt  of  the 
recorder  of  deeds  therefor,  and  such  records,  and  hooks,  and 
papers,  shall  from  thereafter,  be  deemed  and  held  for  all  pur- 
poses a part  of  the  records  of  the  recorder’s  office  of  such 
county,  and  shall  have  like  legal  effect  as  if  the  same  had  been 
originally  a part  of  the  records  of  such  county  recorder’s  office 
for  all  purposes  whatsoever,  and  the  same  or  certified  tran- 
scripts made  therefrom,  shall  have  like  force  and  effect  as  evi- 
dence as  other  records  of  said  recorder’s  office.  [Added  by 
amendment;  act  approved  May  15,  1879.  In  force  July  1, 
1879.  L.  1879,  p.  65. 

ARTICLE  II. 

OF  TIIE  MAYOR. 

14.  Mayor — his  qualifications.]  § 1.  The  chief  execu- 
tive officer  of  a city  shall  be  a mayor,  who  shall  be  a citizen  of 
the  United  States,  a qualified  elector,  reside  within  the  city 
limits,  and  hold  his  office  for  two  years,  and  until  his  successor 
is  elected  and  qualified. 

15.  Vacancy  one  year  or  over.]  § 2.  Whenever  a 
vacancy  shall  happen  in  the  office  of  the  mayor,  when  the  un- 
expired term  shall  be  one  year  or  over  from  the  date  when  the 
vacancy  occurs,  it  shall  be  filled  by  an  election. 

16.  Vacancy  less  than  year.]  § 3.  If  the  vacancy  is 
less  than  one  year,  the  city  council  shall  elect  one  of  its  num- 
ber to  act  as  mayor,  who  shall  possess  all  the  rights  and  powers 
of  the  mayor  until  the  next  annual  election,  and  until  his  suc- 
cessor is  elected  and  qualified. 

17.  Mayor  pro  tem.]  § 4.  During  a temporary  absence 
or  disability  of  the  mayor,  the  city  council  shall  elect  one  of 
its  number  to  act  as  mayor  pro  tem.,  who,  during  such  absence 
or  disability,  shall  possess  the  powers  of  mayor. 

18.  Vacancy  by  removal  from  city.]  § 5.  If  the 

mayor,  at  any  time  during  the  term  of  his  office,  shall  remove 
from  the  limits  of  the  city,  his  office  shall  thereby  become  vacant. 


DUTIES  OF  MAYOR. 


33 


19.  Mayor  to  preside — casting  vote.]  § 6.  The  mayor 
shall  preside  at  all  meetings  of  the  city  council,  but  shall  not 
vote  except  in  case  of  a tie,  when  he  j shall  give  the  casting  vote. 

20.  When  he  may  remove  officers.]  § 7.  The  mayor 
shall  have  power  to  remove  any  officer  appointed  by  him,  on 
any  formal  charge,  whenever  he  shall  be  of  the  opinion  that 
the  interests  of  the  cicy  demand  such  removal,  but  he  shall  re- 
port the  reasons  for  such  removal  to  the  council  at  a meeting 
to  be  held  not  less  than  five  days  nor  more  than  ten  days  after 
such  removal;  and  if  the  mayor  shall  fail,  or  refuse  to  file  with 
the  city  clerk  a statement  of  the  reasons  for  such  removal,  or 
if  the  council  by  a two- thirds  (2/3)  vote  of  all  its  members 
authorized  by  law  to  be  elected,  by  yeas  and  nays,  to  be  entered 
upon  its  record,  disapprove  of  such  removal,  such  officer  shall 
thereupon  become  restored  to  the  office  from  which  he  was  so 
removed;  but  he  shall  give  new  bonds  and  take  a new  oath  of 
office.  No  officer  shall  be  removed  a second  time  for  the  same 
offense.  [As  amended  by  act  approved  May  31,  1879.  In  force 
July  1,  1879.  L.  1879,  p.  66. 

21.  His  power  to  keep  peace.]  § 8.  He  may  exercise, 
within  the  city  limits,  the  powers  conferred  upon  sheriffs,  to 
suppress  disorder  and  keep  the  peace.  [See  § 83 ; also, 
“Sheriffs/5  ch.  125,  § 17;  “Criminal  Code/5  ch.  38,  § 340. 

22.  Release  of  prisoners.]  § 9.  He  may  release  any  per- 
son imprisoned  for  violation  of  any  city  ordinance,  and  shall 
report  such  release,  with  the  cause  thereof,  to  the  council  at 
its  first  session  thereafter. 

23.  General  duties.]  § 10.  He  shall  perform  all  such 
duties  as  are  or  may  be  prescribed  by  law  or  by  the  city  ordin- 
ances, and  shall  take  care  that  the  laws  and  ordinances  are 
faithfully  executed. 

24.  Power  to  examine  records,  etc.]  § 11.  He  shall  have 
power  at  all  times  to  examine  and  inspect  the  books,  records 
and  papers  of  any  agent,  employee  or  officer  of  the  city. 

25.  Messages  to  council.]  § 12.  The  mayor  shall,  an- 
nually, and  from  time  to  time,  give  the  council  information 


STATUTES  It  ELATING  TO  CITY. 


34 

relative  to  the  affairs  of  the  city,  and  shall  recommend  for  their 
consideration  such  measures  as  he  may  deem  expedient. 

26.  To  call  out  militia,  etc. — riots,  etc.]  § 13.  He  shall 

have  power,  when  necessary,  to  call  on  every  male  inhabitant 
of  the  city  over  the  age  of  18  years,  to  aid. in  enforcing  the  laws 
and  ordinances,  and  to  call  out  the  militia  to  aid  in  suppressing 
riots  and  other  disorderly  conduct,  or  carrying  into  effect  any 
law  or  ordinance,  subject  to  the  authority  of  the  governor  as 
commander-in 'chief  of  the  militia. 

27.  Misconduct,  etc.,  of  mayor  or  other  officer — penalty.] 

§ 14.  In  case  the  mayor  or  any  other  municipal  officer  shall 
at  any  time  be  guilt}r  of  a palpable  omission  of  duty,  or  shall 
willfully  and  corruptly  be  guilty  of  oppression,  malconduct  or 
misfeasance  in'  the  discharge  of  the  duties  of  his  office  he  shall 
be  liable  to  indictment  in  any  court  of  competent  jurisdiction, 
and,  on  conviction,  shall  be  fined  in  a sum  not  exceeding  $1,000 ; 
and  the  court  in  which  such  conviction  shall  be  had  shall  enter 
an  order  removing  such  officer  from  office.  [See  “Criminal 
Code,”  eh.  38,  § 208-219. 

28.  Revising  ordinances  after  change  of  organization.] 

§ 15.  He  may  appoint,  by  and  with  the  advice  and  consent 
of  the  city  council,  immediately  after  such  change  of  organiza- 
tion, one  or  more  competent  persons  to  prepare  and  submit  to 
the  city  council,  for  their  adoption  or  rejection,  an  ordinance 
in  revision  of  the  ordinances  of  such  city,  and  for  the  govern- 
ment of  such  city,  the  compensation  of  such  reviser  or  revisers 
to  be  determined  and  fixed  by  the  city  council  and  paid  out  of 
the  city  treasury. 

ARTICLE  III. 

OF  THE  CITY  COUNCIL. 

29.  Council — how  composed.]  § 1.  The  city  council  shall 
consist  of  the  mayor  and  aldermen. 

30.  Aldermen.]  § 2.  The  number  of  aldermen,  when  not 
elected  by  the  minority  representation  plan,  shall  be  as  follows : 
In  cities  not  exceeding  3,000  inhabitants,  six  aldermen;  exceed- 
ing 3,000,  but  not  exceeding  5,000,  eight  aldermen;  exceeding 


5.000  and  not  exceeding  10,000,  ten  aldermen;  exceeding  10,- 

000  and  not  exceeding  30,000,  fourteen  aldermen;  and  two  ad- 
ditional aldermen  for  every  20,000  inhabitants  over  30,000 : 
Provided,  however,  that  in  cities  of  over  350,000  inhabitants 
there  shall  be  elected  forty-eight  aldermen  and  no  more,  unless 
additional  territory  shall  be  annexed  to  such  city,  after  such  city 
shall  have  been  divided  into  wards  on  the  basis  of  forty-eight 
aldermen,  in  which  case  and  as  often  as  new  territory  shall  be 
annexed  to  such  city,  as  aforesaid,  containing  three  or  more 
square  miles  of  territory  or  15,000  inhabitants  and  not  exceed- 
ing 25,000  inhabitants,  such  annexed  territory  shall  constitute 
a ward  of  such  city,  and  the  city  council  of  such  city  shall  au- 
thorize the  legal  voters  of  such  annexed  territory  to  elect  two 
aldermen  from  such  ward  in  such  annexed  territory,  which  said 
aldermen  in  such  annexed  territory  shall  be  addtional  to  said 
forty-eight  aldermen,  and  who  shall  possess  all  the  qualifica- 
tions of,  and  be  elected  at  the  time  and  in  the  manner,  provided 
in  the  said  act,  of  which  this  is  an  amendment:  Provided, 

that  if  said  annexed  territory  shall  contain  more  than  25,000 
inhabitants,  then  the  city  council  shall  authorize  the  legal  vot- 
ers of  such  annexed  territory  to  elect  two  aldermen  for  every 

25.000  inhabitants  thereof,  and  two  additional  aldermen  for 

every  fraction  of  15,000  inhabitants  or  more.  The  number  of 
inhabitants  to  be  determined  by  the  last  preceding  national. 
State  or  school  census  of  such  annexed  territory.  And  if  any 
such  annexed  territory  has  less  than  15,000  inhabitants,  and 
less  than  three  square  miles  in  extent,  then  the  city  council 
shall  annex  it  to  any  ward  or  wards  which  it  adjoins : Pro- 

vided, further,  that  when  the  number  of  aldermen  in  any  such 
city  shall  reach  seventy  by  reason  of  such  annexed  territory,  the 
city  council  shall  redistrict  said  city  into  thirty-five  new  wards 
and  no  more;  and  when  said  number  of  aldermen  shall  reach 
seventy,  if  any  new  territory  is  thereafter  annexed  which  shall 
contain  25,000  inhabitants,  or  more,  as  determined  by  the  last 
preceding  national,  State,  school  or  other  census  authorized  by 
law  to  be  taken,  then  said  city  council  shall  redistrict  said  city 
into  thirty-five  wards;  provided,  further,  that  whenever  after 
such  new  territory  shall  have  been  annexed,  as  aforesaid,  said 
city  shall  be  redistricted,  the  number  of  wards  at  the  time  said 


STATUTES  RELATING  TO  CITY. 


36 

city  is  redistricted,  shall  be  preserved,  and  the  city  council  there- 
of may,  in  its  discretion,  change  the  boundary  between  such 
new  ward  and  the  original  territory  of  the  city,  and  make  said 
new  ward  larger  or  smaller,  to  comply  with  the  requirements 
of  said  act  as  to  compactness  and  equality  of  inhabitants: 
And  provided,  further,  if  it  shall  appear  from  any  census  here- 
tofore or  hereafter  taken,  that  any  city  has  the  requisite  num- 
ber of  inhabitants  to  authorize  it  to  increase  the  number  of 
aldermen,  it  shall  he  the  duty  of  the  city  council  thereof  to 
proceed  without  delay  and  redistrict  such  city  in  accordance 
with  the  provisions  hereof,  and  to  call  and  hold  its  next  city 
election  in  accordance  with  such  new  redistricting:  Provided, 

that  at  such  election  the  aldermen  who  hold  over  shall  be  con- 
sidered aldermen  for  the  new  wards  respectively  in  which  their 
residence  shall  he,  unless  there  shall  be  two  or  more  aldermen 
who  hold  over  in  the  same  ward  under  this  proviso,  then,  in 
such  case,  it  shall  be  determined  by  lot  in  presence  of  the  city 
council,  in  such  manner  as  they  shall  direct,  which  aldermen 
shall  hold  over  for  such  ward.  [As  amended  by  act  approved 
and  in  force  June  4,  1889.  L.  1889,  p.  78. 

31.  Term  of  office.]  § 3.  Aldermen  shall  hold  their  office 
for  the  term  of  two  years,  and  until  their  successors  are  elected 
and  qualified. 

32.  Vacancy.]  § 4.  If  any  vacancy  shall  occur  in  the 
office  of  alderman  by  death,  resignation,  removal  or  otherwise, 
such  vacancy  shall  be  filled  by  election. 

33.  Qualifications  of  aldermen.]  § 5.  Xo  person  shall  be 
eligible  to  the  office  of  alderman  unless  he  shall  be  a qualified 
elector,  and  reside  within  the  ward  for  which  he  is  elected,  nor 
shall  he  be  eligible  if  he  is  in  arrears  in  the  payment  of  any 
tax  or  other  liability  due  to  the  city;  nor  shall  he  be  directly 
or  indirectly  interested  in  any  contract  whatever  to  which  the 
city  is  a party ; nor  shall  he  be  eligible  if  he  shall  have  been  con- 
victed of  malfeasance,  bribery  or  other  corrupt  practices  or 
crimes;  nor  shall  he  be  eligible  to  any  office,  the  salary  of  which 
is  payable  out  of  the  city  treasury,  if  at  the  time  of  his  appoint- 
ment he  shall  be  a member  of  the  city  council;  nor  shall  any 
member  of  the  city  council  at  the  same  time  .hold  anv  other  office 


DUTIES  OF  CITY  COUNCIL. 


37 


under  the  city  government ; nor  shall  he  be  either  directly  or  in- 
directly, individually,  or  as  a member  of  a firm,  engaged  in  any 
business  transaction  (other  than  official)  with  such  city,  through 
its  mayor  or  any  of  its  authorized  boards,  agents  or  attorneys, 
-whereby  any  money  is  to  be  paid,  directly  or  indirectly,  out  of 
the  city  treasury  to  such  member  or  firms. 

34.  Council  judge  of  its  members.]  § 6.  The  city  council 
shall  be  judge  of  the  election  and  qualification  of  its  own  mem- 
bers. 

35.  Rules — expulsion — bribery.]  § 7.  It  shall  determine 

its  own  rules  of  proceeding,  punish  its  members  for  disorderly 
conduct,  and  with  the  concurrence  of  two-thirds  of  the  aldermen 
elect,  may  expel  a member,  but  not  a second  time  for  the  same 
offense : Provided , that  any  alderman  or  councilman  who  shall 

have  been  convicted  of  briber}^  shall  thereby  be  deemed  to  have 
vacated  his  office. 

36.  Quorum — compelling  attendance.]  § 8.  A majority  of 
the  aldermen  elect  shall  constitute  a quorum  to  do  business,  but 
a smaller  number  may  adjourn  from  time  to  time,  and  may  com- 
pel the  attendance  of  absentees,  under  such  penalties  as  may  be 
prescribed  by  ordinance. 

37.  Meetings.]  § 9.  The  city  council  may  prescribe,  by 
ordinance,  the  times  and  places  of  the  meeting  thereof,  and  the 
manner  in  which  special  meetings  thereof  may  be  called.  - 

38.  Chairman  pro  tern.]  § 10.  It  may  elect  a temporary 
chairman  in  the  absence  of  the  mayor. 

39.  Open  doors.]  § 11.  It  shall  sit  with  open  doors. 

40.  Journal.]  § 12.  It  shall  keep  a journal  of  its  own  pro- 
ceedings. 

41.  Yeas  and  nays — record — vote  required.]  § 13.  The 

yeas  and  nays  shall  be  taken  upon  the  passage  of  all  ordinances, 
and  on  all  propositions  to  create  any  liability  against  the  city,  or 
for  the  expenditure  or  appropriation  of  its  money,  and  in  all 
other  cases  at  the  request  of  any  member,  which  shall  be  en- 
tered on  the  journal  of  its  proceedings;  and  the  concurrence  of 


STATUTES  RELATING  TO  CITY. 


158 


a majority  of  all  the  members  elected  in  the  city  council  shall 
be  necessary  to  the  passage  of  any  such  ordinance  or  proposi- 
tion : Provided , it  shall  require  two-thirds  of  all  the  aldermen 

elect  to  sell  any  city  or  school  property. 

42.  Not  to  rescind  vote  at  special  meeting,  unless,  etc.] 

§ 14.  No  vote  of  the  city  council  shall  be  reconsidered  or  re- 
scinded at  a special  meeting,  unless  at  such  special  meeting  there 
be  present  as  large  a number  of  aldermen  as  were  present  when 
such  vote  was  taken. 

43.  When  report  laid  over.]  § 15.  Any  report  of  a com- 
mittee of  the  council  shall  be  deferred,  for  final  action  thereon, 
to  the  next  regular  meeting  of  the  same  after  the  report  is  made, 
upon  the  request  of  any  two  aldermen  present. 

44.  Territorial  jurisdiction.]  § 16.  The  city  council  and 
board  of  trustees  shall  also  have  jurisdiction  in  and  over  all  places 
within  one-half  mile  of  the  city  or  village  limits,  for  the  pur- 
pose of  enforcing  health  and  quarantine  ordinances  and  regula- 
tions thereof.  [See  §§  71,  170,  215,  216,  232. 

45.  Special  meeting.]  § 17.  The  mayor  or  any  three  aider- 
men  may  call  special  meetings  of  the  city  council. 

46.  Ordinances — approval — veto.]  § 18.  All  ordinances 
passed  by  the  city  council  shall,  before  they  take  effect,  be  de- 
posited in  the  office  of  the  city  clerk ; and  if  the  mayor  approves 
thereof,  he  shall  sign  the  same,  and  such  as  he  shall  not  approve 
he  shall  return  to  the  council,  with  his  objections  thereto,  in  writ- 
ing, at  the  next  regular  meeting  of  the  council  occurring  not  less 
than  five  days  after  the  passage  thereof.  Such  veto  may  ex- 
tend to  any  one  or  more  items  or  appropriations  contained  in 
any  ordinance  making  an  appropriation,  or  to  the  entire  ordi- 
nance; and  in  case  the  veto  only  extends  to  a part  of  such  ordi- 
nance, the  residue  thereof  shall  take  effect  and  be  in  force.  But 
in  case  the  mayor  shall  fail  to  return  any  ordinance,  with  his 
objections  thereto,  by  the  time  aforesaid,  he  shall  be  deemed  to 
have  approved  such  ordinance,  and  the  same  shall  take  effect 
accordingly. 

47.  Reconsideration — passing  over  veto.]  § 19.  Upon  the 

return  of  any  ordinance  by  the  mayor,  the  vote  by  which  the  same 


ELECTIONS. 


39 


was  passed  shall  be  reconsidered  by  the  council;  and  if,  after 
such  reconsideration,  two-thirds  of  all  the  members  elected  to 
the  city  council  shall  agree,  by  yeas  and  nays,  to  pass  the  same, 
it  shall  go  into  effect,  notwithstanding  the  mayor  may  refuse  to 
approve  thereof.  The  vote  to  pass  the  same  over  the  mayor’s 
veto  shall  be  taken  by  yeas  and  nays,  and  entered  on  the  journal. 

ARTICLE  IY. 

ELECTIONS. 

48.  Annual  election.]  § 1.  A general  election  for  city 
officers  shall  be  held  on  the  third  Tuesday  of  April,  of  each  year : 
Provided , that  in  cities  which  include  wholly  within  their  cor- 
porate limits  a town  or  towns,  such  elections  shall  be  held  on  the 
first  Tuesday  of  April.  [As  amended  by  act  approved  and  in 
force  March  9,  1877.  L.  1877,  p.  54.  See  §§  265,  266. 

49.  Election  of  mayor,  city  clerk,  attorney  and  treasurer.] 

§ 2.  At  the  general  election  held  in  1877,  and  biennially 
thereafter,  a mayor,  a city  clerk,  a city  attorney,  and  a city  treas- 
urer shall  be  elected  in  each  city : Provided , that  no  person  shall 

be  elected  to  the  office  of  city  treasurer  for  two  terms  in  succes- 
sion. [As  amended  by  act  approved  and  in  force  March  26, 
1877.  L.  1877,  p.  54. 

50.  Who  entitled  to  vote.]  § 3.  All  persons  entitled  to 
vote  at  any  general  election  for  state  officers  within  any  city  or 
village,  having  resided  therein  thirty  days  next  preceding  thereto, 
may  vote  at  any  election  for  city  or  village  officers.  [See  “Elec- 
tions,” ch.  46,  § 65,  66 ; Const.,  art.,  7,  § 1,  p.  67. 

51.  Wards.]  § 4.  The  city  council  of  any  city  in  this 
State,  whether  organized  under  this  act  or  under  any  special  law 
of  this  State,  may,  from  time  to  time,  divide  the  city  into  one 
half  as  many  wards  as  the  total  number  of  aldermen  to  which 
the  city  is  entitled ; and  one  alderman  shall,  annually,  be  elected 
in  and  for  each  ward,  to  hold  his  office  for  two  years,  and  until 
his  successor  is  elected  and  qualified.  In  the  formation  of  wards 
the  population  of  each  shall  be  as  nearly  equal,  and  the  ward 
shall  be  of  as  compact  and  contiguous  territory,  as  practicable. 
[As  amended 'by  act  approved  June  17,  1887.  In  force  July  1, 
1887.  L.  1887,  p.  116. 


40 


STATUTES  RELATING  TO  CITY. 


52.  Aldermen  at  first  election — classified.]  § 5.  At  the 

first  election  under  this  act,  there  shall  be  elected  the  full  num- 
ber of  aldermen  to  which  the  city  shall  be  entitled.  At  the  first 
meeting  of  the  city  council  after  such  election,  the  aldermen 
elected  shall  be  divided,  by  lot,  into  two  classes;  those  of  the 
first  class  shall  continue  in  office  for  one  year,  and  those  of 
the  second  for  two  years.  And  upon  any  increase  of  the  num- 
ber of  aldermen,  at  their  first  election,  one-half  shall  be  elected 
for  one  year,  and  one-half  for  two  years. 

53.  Minority  representation.]  § 6.  Whenever  this  act 

shall  be  submitted  to  the  qualified  electors  of  any  city  for  adop- 
tion, there  shall  be  submitted  at  the  same  time  for  adoption  or 
rejection  the  question  of  minority  representation  in  the  city  coun- 
cil or  legislative  authority  of  such  city.  At  the  said  election  the 
ballot  shall  be  in  the  following  form:  “For  minority  represen- 

tation in  the  city  council,”  or  “against  minority  representation 
in  the  city  council,”  and  at  any  subsequent  time  on  petition  of 
the  legal  voters  equal  in  number  to  one-eighth  the  number  of 
legal  votes  cast  at  the  next  preceding  general  city  election,  the 
city''  council  shall  cause  the  question  of  minority  representation 
to  be  submitted  to  the  legal  voters  of  said  city,  and  the  ballots 
shall  be  in  form  as  provided  in  this  section : Provided , that  no 

such  questions  of  representation  shall  be  submitted  more  than 
once  in  every  two  years.  The  judges  of  such  election  shall  make 
returns  thereof  to  the  city  council,  whose  duty  it  shall  be  to  can- 
vass such  returns,  and  to  cause  the  result  of  such  canvass  to  be 
entered  on  the  records  of  such  city.  If  a majority  of  the  votes 
cast  at  such  election  shall  be  for  equal  representation  in  the  city 
council,  then  the  members  of  the  city  council,  or  legislative  au- 
thority of  such  cit}q  shall  be  thereafter  elected  in  the  following 
manner:  The  council  or  legislative  authority  of  such  city,  at 

least  one  month  before  the  general  election  in  the  year  in  which 
this  act  shall  take  effect  in  such  cit}r,  shall  apportion  such  city 
by  dividing  the  population  thereof,  as  ascertained  by  the  last 
Federal  Census,  by  any  number  not  less  than  two,  nor  more  than 
six,  and  the  quotient  shall  be  the  ratio  of  representation  in  the 
city  council.  Districts  shall  be  formed  of  contiguous  and  com- 
pact territory,  and  contain  as  near  as  practicable,  an  equnl  num- 
ber of  inhabitants : And  provided , further , that  where  said 


ELECTIONS. 


41 


council  or  legislative  authority  of  such  city  have  not  fixed  a ratio 
of  representation  and  formed  the  districts  or  wards,  at  the  time 
above  specified,  the  same  may  be  done  by  any  subsequent  board 
of  aldermen ; but  all  official  acts  heretofore  done,  and  ordinances 
heretofore  passed  by  any  board  of  aldermen  elected  at  large  by 
the  legal  electors  of  any  such  city  on  the  minority  representation 
plan,  shall  be  held  and  taken  by  all  courts  in  this  State  to  be  of  as 
much  validity  and  binding  force  as  if  they  had  been  elected  from 
wards  or  districts.  [As  amended  by  act  approved  and  in  force 
April  1,  1883.  L.  1883,  p.  56. 

54.  Aldermen  under  minority  plan.]  § 7.  Every  such 

district  shall  be  entitled  to  three  aldermen,  who  shall  hold  their 
office  for  two  years,  and  until  their  successors  shall  be  elected 
and  qualified.  At  the  first  general  election  for  mayor,  after 
the  passage  of  this  act,  and  every  two  years  thereafter,  there 
shall  be  elected  in  each  ward  as  many  aldermen  as  such  ward 
shall  be  entitled  to:  Provided , that  aldermen  elected  under 

this  act,  in  wards  wherein  aldermen  were  elected  for  two  years 
at  the  last  previous  annual  election,  shall  not  take  their  seats 
as  such  until  the  terms  of  the  aldermen  last  aforesaid  shall 
expire.  Vacancies  shall  be  filled  at  an  election  to  be  held  by 
the  voters  of  the  district  in  which  such  vacancies  shall  occur, 
at  the  time  to  be  designated  by  the  city  council.  In  all  elections 
for  aldermen  aforesaid,  each  qualified  voter  may  cast  as  many 
votes  as  there  are  aldermen  to  be  elected  in  his  district,  or  may 
distribute  the  same  or  equal  parts  thereof,  among  the  candi- 
dates, as  he  shall  see  fit,  and  the  candidate  highest  in  votes 
shall  be  declared  elected.  [As  amended  by  act  approved  and 
in  force  April  1,  1883.  L.  1883,  p.  57. 

55.  Aldermen  when  minority  plan  not  adopted.]  § 8.  If  a 

majority  of  the  votes  cast  at  such  election  shall  be  “ Against 
minority  representation  in  the  city  council,”  the  preceding 
section  shall  be  null  and  void,  so  far  as  it  relates  to  such  city 
at  such  election,  and  the  aldermen  of  such  city  shall  be  elected 
as  otherwise  provided  for  in  this  act. 

56.  Place  of  election — notice.]  § 9.  The  city  council 
shall  designate  the  place  or  places  in  which  the  election  shall 
be  held,  and  appoint  the  judges  and  clerks  thereof,  and  cause 


42  STATUTES  RELATING  TO  CITY. 

notice  to  be  printed  in  some  newspaper  published  in  such  city, 
if  there  be  one,  or  posted  at  each  voting  place  in  such  city,  of 
the  time,  places  of  election,  and  of  the  officers  to  be  elected, 
for  at  least  twenty  days  prior  to  such  election. 

57.  Manner  of  conducting  elections,  etc.]  § 10.  The  man- 
ner of  conducting  and  voting  at  elections  to  be  held  under  this 
act  and  contesting  the  same,  the  keeping  of  poll  lists  and  can- 
vassing the  votes,  shall  be  the  same,  as  nearly  as  may  be,  as  in 
the  case  of  the  election  of  county  officers,  under  the  general 
laws  of  this  State.  The  judges  of  election  shall  appoint  clerks, 
when  necessary  to  fill  vacancies,  and  the  judges  and  clerks 
shall  take  the  same  oath  and  have  the  same  powers  and  au- 
thority as  the  judges  and  clerks  of  general  State  elections. 
After  the  closing  of  the' polls,  the  ballots  shall  be  counted  and 
the  returns  made  out  and  returned,  under  seal,  to  the  city  or 
village  clerk,  as  the  case  may  be,  within  two  days  after  the 
election;  and,  thereupon,  the  city  council  or  board  of  trustees, 
as  the  case  may  be,  shall  examine  and  canvass  the  same  and 
declare  the  result  of  the  election,  and  cause  a statement  thereof 
to  be  entered  upon  its  journals.  [See  “Elections,”  ch.  46,  § 48, 
et  seq. 

58.  Result — tie.]  § 11.  The  person  having  the  highest 
number  of  votes,  for  any  office,  shall  be  declared  elected.  In 
case  of  a tie  in  the  election  of  any  city  or  village  officer,  it  shall 
be  determined  by  lot,  in  presence  of  the  city  council  or  board 
of  trustees,  in  such  manner  as  they  shall  direct,  which  candi- 
date or  candidates  shall  hold  the  office. 

59.  Notice  to  persons  elected  or  appointed.]  § 12.  It  shall 

be  the  duty  of  the  village  or  city  clerk,  within  five  days  after 
the  result  of  the  election  is  declared  or  appointment  made,  to 
notify  all  persons  elected  or  appointed  to  office  of  their  election 
or  appointment,  and  unless  such  persons  shall  respectively 
qualify  in  ten  days  after  such  notice,  the  office  shall  become 
vacant. 


60.  When  no  quorum  in  office — special  election.]  § 13.  If, 

for  any  cause,  there  shall  not  be  a quorum  in  office  of  the  city 
council  or  board  of  trustees,  the  mayor,  clerk,  or  any  alderman 


TOWERS  OF  CITY  COUNCIL. 


43 


or  trustee,  as  the  case  may  be,  may  appoint  the  time  and  place 
for  holding  a special  election  to  supply  such,  vacancy  and  give 
notice  and  appoint  the  judges  thereof. 

61.  Special  elections.]  § 14.  If  there  is  a failure  to  elect 
any  officer  herein  required  to  be  elected,  or  the  person  elected 
should  fail  to  qualify,  the  city  council  or  board  of  trustees  may 
forthwith  order  a new  election  therefor;  and  in  all  cases,  when 
necessary  for  the  purposes  of  this  act,  may  call  special  elections, 
appoint  judges  and  clerks  thereof,  canvass  the  returns  thereof, 
and  provide  by  ordinance  for  the  mode  of  conducting  the  same ; 
and  shall  give  notice  of  such  special  elections,  in  which  shall 
be  stated  the  questions  to  be  voted  upon,  and  cause  such  notices 
to  be  published  or  posted  for  the  same  length  of  time  and  in 
the  same  manner  as  is  required  in  the  case  of  regular  annual 
elections  in  such  cities  or  villages. 

ARTICLE  V. 

OF  THE  POWERS  OF  THE  CITY  COUNCIL. 

62.  § 1.  The  city  council  in  cities,  and  president 
and  the  board  of  trustees  in  villages,  shall  have  the  following 
powders : 

First — To  control  the  finances  and  property  of  the  corpora- 
tion. 

Second — To  appropriate  money  for  corporate  purposes  only, 
and  provide  for  payment  of  debts  and  expenses  of  the  corpora- 
tion. 

Third — To  levy  and  collect  taxes  for  general  and  special 
purposes  on  real  and  personal  property. 

Fourth — To  fix  the  amount,  terms  and  manner  of  issuing 
and  revoking  licenses. 

Fifth — To  borrow  money  on  the  credit  of  the  corporation 
for  corporate  purposes,  and  issue  bonds  therefor,  in  such 
amounts  and  form,  and  on  such  conditions  as  it  shall  prescribe, 
but  shall  not  become  indebted  in  any  manner  or  for  any  pur- 
pose to  an  amount,  including  existing  indebtedness,  in  the  ag- 


44 


STATUTES  RELATING  TO  CITY. 


gregatc  to  exceed  five  (5)  per  centum  on  the  value  of  the  taxa- 
ble property  therein,  to  be  ascertained  by  the  last  assessment 
for  the  State  and  county  taxes  previous  to  the  incurring  of  such 
indebtedness;  and  before  or  at  the  time  of  incurring  any  in- 
debtedness, shall  provide  for  the  collection  of  a direct  annual 
tax  sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due,  and 
also  to  pay  and  discharge  the  principal  thereof  within  twenty 
years  after  contracting  the  same. 

Sixth — To  issue  bonds  in  place  of  or  to  supply  means  to 
meet  maturing  bonds,  or  for  the  consolidation  or  funding  of 
the  same. 

Seventh — To  lay  out,  to  establish,  open,  alter,  widen,  extend, 
grade,  pave  or  otherwise  improve  streets,  alleys,  avenues,  side- 
walks, wharves,  parks  and  public  grounds,  and  vacate  the  same. 

Eighth — To  plant  trees  upon  the  same. 

Ninth — To  regulate  the  use  of  the  same. 

Tenth — To  prevent  and  remove  encroachments  or  obstructions 
upon  the  same. 

Eleventh — To  provide  for  the  lighting  of  the  same. 

Twelfth — To  provide  for  the  cleansing  of  the  same. 

Thirteenth — To  regulate  the  openings  therein  for  the  laying 
of  gas  or  water  mains  and  pipes,  and  the  building  and  repair- 
ing of  sewers,  tunnels  and  drains,  and  erecting  gas  lights: 
Provided , however,  that  any  company  heretofore  organized 
under  the  general  laws  of  this  State,  or  any  association  of  per- 
sons organized,  or  which  may  be  hereafter  organized  for  the 
purpose  of  manufacturing  illuminating  gas  to  supply  cities 
or  villages,  or  the  inhabitants  thereof,  with  the  same,  shall 
have  the  right,  by  consent  of  the  common  council  (subject  to 
existing  rights),  to  erect  gas  factories,  and  lay  down  pipes  in 
the  streets  or  alleys  of  any  city  or  village  in  this  State,  subject 
to  such  regulations  as  any  such  city  or  village  may  by  ordinance 
impose. 

Fourteenth — To  regulate  the  use  of  sidewalks  and  all  struc- 
tures thereunder;  and  to  require  the  owner  or  occupant  of  any 


POWERS  OF  CITY  COUNCIL. 


45 


premises  to  keep  the  sidewalks  in  front  of,  or  along  the  same, 
free  from  snow  and  other  obstructions. 

Fifteenth — To  regulate  and  prevent  the  throwing  or  deposit- 
ing of  ashes,  offal,  dirt,  garbage,  or  any  offensive  matter  in,  and 
to  prevent  injury  to  any  street,  avenue,  alley,  or  public  ground. 

Sixteenth — To  provide  for  and  regulate  crosswalks,  curbs 
and  gutters. 

Seventeenth — To  regulate  and  prevent  the  use  of  streets, 
sidewalks  and  public  grounds  for  signs,  sign  posts,  awnings, 
awning  posts,  telegraph  poles,  horse  troughs,  racks,  posting 
hand  hills  and  advertisements. 

Eighteenth — To  regulate  and  prohibit  the  exhibition  or  carry- 
ing of  banners,  placards,  advertisements  or  hand  bills  in  the 
streets  or  public  grounds,  or  upon  the  sidewalks. 

Nineteenth — To  regulate  and  prevent  the  flying  of  flags, 
banners  or  signs  across  the  streets  or  from  houses. 

Twentieth — To  regulate  traffic  and  sales  upon  the  streets, 
sidewalks  and  public  places. 

Twenty-first — To  regulate  the  speed  of  horses  and  other  ani- 
mals, vehicles,  cars  and  locomotives  within  the  limits  of  the 
corporation. 

Twenty-second — To  regulate  the  numbering  of  houses  and  lots. 

Twenty-third — To  name  and  change  the  name  of  any  street, 
avenue,  alley*  or  other  public  place. 

Twenty-fourth — To  permit,  regulate  or  prohibit  the  locating, 
constructing  or  laying  a track  of  any  horse  railroad  in  any  street, 
alley  or  public  place ; but  such  permission  shall  not  be  for  a lon- 
ger time  than  twenty  years. 

Twenty-fifth  — To  provide  for  and  change  the  location,  grade 
and  crossings  of  any  railroad. 

Twenty-sixth — To  require  railroad  companies  to  fence  their 
respective  railroads,  or  any  portion  of  the  same,  and  to  construct 
cattle  guards,  crossings  of  streets  and  public  roads,  and  keep. 


4G 


STATUTES  RELATING  TO  CITY. 


the  same  in  repair,  within  the  limits  of  the  corporation.  In  case 
any  railroad  company  shall  fail  to  comply  with  any  such  ordi- 
nance, it  shall  be  liable  for  all  damages  the  owner  of  any  cattle 
or  horses  or  other  domestic  animal  may  sustain  by  reason  of  in- 
juries thereto  while  on  the  track  of  such  railroad,  in  like  man- 
ner and  extent  as  under  the  general  laws  of  this  State  relative 
to  the  fencing  of  railroads ; and  actions  to  recover  such  damages 
may  be  instituted  before  any  justice  of  the  peace  or  other  court 
of  competent  jurisdiction. 

Twenty-seventh — To  require  railroad  companies  to  keep  flag- 
men at'  railroad  crossings-  of  streets,  and  provide,  protection 
against  injury  to  persons  and  property  in  the  use  of  such  rail- 
roads. To  compel  such  railroads  to  raise  or  lower  their  railroad 
tracks  to  conform  to  any  grade  which  majq  at  any  time,  be  es- 
tablished by  such  city,  and  where  such  tracks  run  lengthwise  of 
any  such  street,  alley  or  highway,  to  keep  their  railroad  tracks 
on  a level  with  the  street  surface,  and  so  that  such  tracks  may  be 
crossed  at  any  place  on  such  street,  alley  or  highway.  To  com-1 
pel  and  require  railroad  companies  to  make  and  keep  open  and 
to  keep  in  repair  ditches,  drains,  sewers  and  culverts  along  and 
under  their  railroad  tracks  so  that  filthy  or  stagnant  pools  of 
water  can  not  stand  on  their  grounds  or  right  of  way,  and  so  that 
the  natural  drainage  of  adjacent  property  shall  not  be  impeded. 

Twenty-eighth — To  construct  and  keep  in  repair  bridges,  via- 
ducts and  tunnels,  and  to  regulate  the  use  thereof. 

Twenty-ninth — To  construct  and  keep  in  repair  culverts, 
drains,  sewers  and  cess  pools,  and  to  regulate  the.  use  thereof. 

Thirtieth — To  deepen,  widen,  dock,  cover,  wall,  alter  or 
change  channel  of  water  courses. 

Thirty-first — To  construct  and  keep  in  repair  canals  and  slips 
for  the  accommodation  of  commerce. 

Thirty-second — To  erect  and  keep  in  repair  public  landing 
places,  wharves,  docks  and  levees. 

Thirty-third — To  regulate  and  control  the  use  of  public  and 
private  landing  places,  wharves,  docks  and  levees. 


POWERS  OF  CITY  COUNCIL. 


47 


Thirty-fourth — To  control  and  regulate  the  anchorage,  moor- 
age and  landing  of  all  water  craft  and  their  cargoes  within  the 
jurisdiction  of  the  corporation. 

Thirty-fifth— To  license,  regulate  and  prohibit  wharf-boats, 
tugs  and  other  boats  used  about  the  harbor,  or  within  such  juris- 
diction. 

Thirty-sixth — To  fix  the  rate  of  wharfage  and  dockage. 

Thirty-seventh — To  collect  wharfage  and  dockage  from  all 
boats,  rafts  or  other  craft  landing  at  or  using  any  public  landing 
place,  wharf,  dock  or  levee  within  the  limits  of  the  corporation. 

Thirty-eighth — To  make  regulations  in  regard  to  use  of  har- 
bors, towing  of  vessels,  opening  and  passing  of  bridges. 

Thirty-ninth — To  appoint  harbor  masters  and  define  their 
duties. 

Fortieth — To  provide  for  the  cleansing  and  purification  of 
waters,  water-courses  and  canals,  and  the  drainage  or  filling  of 
ponds  on  private  property,  whenever  necessary,  to  prevent  or 
abate  nuisances. 

Forty-first — To  license,  tax,  regulate,  suppress  and  prohibit 
hawkers,  peddlers,  pawnbrokers,  keepers  of  ordinaries,  theatricals 
and  other  exhibitions,  shows  and  amusements,  and  to  revoke  such 
license  at  pleasure. 

Forty-second — To  license,  tax  and  regulate  hackmen,  draymen, 
omnibus  drivers,  carters,  cabmen,  porters,  expressmen,  and  all 
others  pursuing  like  occupations,  and  to  prescribe  their  compen- 
sation. 

Forty-third — To  license,  regulate,  tax  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  or  persons. 

Forty-fourth — To  license,  regulate,  tax  or  prohibit  and  sup- 
press billiard,  bagatelle,  pigeon-hole  or  any  other  tables  or  im- 
plements kept  or  used  for  a similar  purpose  in  any  place  of  pub- 
lic resort,  pin  alleys  and  ball  alleys. 

Forty-fifth — To  suppress  bawdy  and  disorderly  houses,  houses 
of  ill-fame  or  assignation,  within  the  limits  of  the  city,  and 


48 


STATUTES  RELATING  TO  CITY. 


within  three  miles  of  the  outer  boundaries  of  the  city;  and  also 
to  suppress  gaming  and  gambling  houses,  lotteries,  and  all  fraud- 
ulent devices  and  practices,  for  the  purpose  of  gaining  or  obtain- 
ing money  or  property ; and  to  prohibit  the  sale  or  exhibition  of 
obscene  or  immoral  publications,  prints,  pictures,  or  illustrations. 

Forty-sixth — To  license,  regulate  and  prohibit  the  selling  or 
giving  away  of  any  intoxicating,  malt,  vinous,  mixed  or  fer- 
mented liquor,  the  license  not  to  extend  beyond  the  municipal 
year  in  which  it  shall  be  granted,  and  to  determine  the  amount 
to  be  paid  for  such  license:  Provided , that  the  city  council  in 

cities,  or  president  and  board  of  trustees  in  villages,  may  grant 
permits  to  druggists  for  the  sale  of  liquors  for  medicinal,  me- 
chanical, sacramental  and  chemical  purposes  only,  subject  to 
forfeiture,  and  under  such  restrictions  and  regulations  as  may 
be  provided  by  ordinance:  Provided,  further , that  in  granting 

licenses,  such  corporate  authorities  shall  comply  with  whatever 
general  law  of  the  State  may  be  in  force  relative  to  the  granting 
of  licenses. 

Forty-seventh — The  foregoing  shall  not  be  construed  to  affect 
the  provisions  of  the  charter  of  any  literary  institution  hereto- 
fore granted. 

Forty-eighth — And  the  city  council  in  cities,  and  president  and 
board  of  trustees  in  villages,  shall  also  have  the  power  to'  forbid 
and  punish  the  selling  or  giving  away  of  any  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquor  to  any  minor,  apprentice  or 
servant  or  insane,  idiotic  or  distracted  person,  habitual  drunkard, 
or  person  intoxicated. 

Forty-ninth — To  establish  markets  and  market-houses,  and 
provide  for  the  regulation  and  use  thereof. 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  all  other  provisions,  and  to  provide 
for  place  and  manner  of  selling  the  same. 

Fifty-first — To  prevent  and  punish  forestalling  and  regrating. 

Fifty-second — To  regulate  the  sale  of  bread  in  the  city  or  vil- 
lage ; prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 


POWERS  OF  CITY  COUNCIL. 


49 


Fifty-third— To  provide  for  and  regulate  the  inspection  of 
meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  to- 
bacco, flour,  meal  and  other  provisions. 

Fifty-fourth — To  regulate  the  inspection,  weighing  and  meas- 
uring of  brick,  lumber,  fire-wood,  coal,  hay  and  any  article  of 
merchandise. 

Fifty-fifth — To  provide  for  the  inspection  and  sealing  of 
weights  and  measures. 

Fifty-sixth — To  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  vendors. 

Fifty-seventh — To  regulate  the  construction,  repairs  and  use 
of  vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters. 

Fifty-eighth — To  regulate  places  of  amusement. 

Fifty-ninth — To  prevent  intoxication,  fighting,  quarreling,  dog 
fights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth— To  regulate  partition  fences  and  party  walls. 

Sixty-first — To  prescribe  the  thickness,  strength,  and  manner 
of  constructing  stone,  brick  and  other  buildings,  and  construc- 
tion of  fire  escapes  therein. 

Sixty-second — The  city  council,  and  the  president  and  trus- 
tees in  villages,  for  the  purpose  of  guarding  against  the  calami- 
ties of  fire,  shall  have  power  to  prescribe  the  limits  within  which 
wooden  buildings  shall  not  be  erected  or  placed,  or  repaired, 
without  permission,  and  to  direct  that  all  and  any  buildings, 
within  the  fire  limits,  when  the  same  shall  have  been  damaged 
by  fire,  decay  or  otherwise,  to  the  extent  of  fifty  per  cent,  of  the 
value,  shall  be  torn  down  or  removed,  and  to  prescribe  the  man- 
ner of  ascertaining  such  damage. 

Sixty-third — To  prevent  the  dangerous  construction  and  con- 
dition of  chimneys,  fire-places,  hearths,  stoves,  stove-pipes,  ovens, 
boilers  and  apparatus  used  in  and  about  any  building  and 
manufactory,  and  to  cause  the  same  to  be  removed  or  placed  in 
a safe  condition,  when  considered  dangerous;  to  regulate  and 
prevent  the  carrying  on  of  manufactories  dangerous  in  causing 


50 


STATUTES  RELATING  TO  CITY. 


and  promoting  fires;  to  prevent  the  deposit  of  ashes  in  unsafe 
places,  and  to  cause  all  such  buildings  and  enclosures  as  may 
be  in  a dangerous  state  to  be  put  in  a safe  condition. 

Sixty-fourth — To  erect  engine  houses,  and  provide  fire  en- 
gines, hose  carts,  hooks  and  ladders,  and  other  implements  for 
prevention  and  extinguishment  of  fires,  and  provide  for  the  use 
and  management  of  the  same  by  voluntary  fire  companies  or 
otherwise. 

Sixty-fifth — To  regulate  and  prevent  storage  of  gunpowder, 
tar,  pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton, 
nitro-glycerine,  petroleum,  or  any  of  the  products  thereof,  and 
other  combustible  or  explosive  material,  and  the  use  of  lights 
in  stables,  shops  and  other  places,  and  the  building  of  bonfires; 
also  to  regulate  and  restrain  the  use,  of  fireworks,  fire-crackers, 
torpedoes, 'Roman  candles,  sky-rockets  and  other  pyrotechnic 
displays. 

Sixty-sixth — To  regulate  the  police  of  the  city  or  village,  and 
pass  and  enforce  all  necesssary  police  ordinances. 

Sixty-seventh — To  provide  for  the  inspection  of  steam  boilers. 

Sixty-eighth — To  prescribe  the  duties  and  powers  of  a super- 
intendent of  police,  policeman  and  watchman. 

Sixty-ninth — To  establish  and  erect  calabooses,  bridewells, 
houses  of  correction  and  workhouses  for  the  reformation  and 
confinement  of  vagrants,  idle  and  disorderly  persons,  and  per- 
sons convicted  of  violating  any  city  or  village  ordinances,  and 
make  rules  and  regulations  for  the  government  of  the  same,  and 
appoint  necessary  keepers  and  assistants. 

Seventieth — To  use  the  county  jail  for  the  confinement  or 
punishment  of  offenders,  subject  to  such  conditions  as  are  im- 
posed by  law,  and  with  the  consent  of  the  county  board. 

Seventy-first — To  provide  by  ordinance  in  regard  to  the  rela- 
tion between  all  the  officers  and  employes  of  the  corporation  in 
repect  to  each  other,  the  corporation  and  the  people. 

Seventy-second — To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies  in  any  public  or  pri- 
vate place. 


POWEUS  OF  CITY  COUNCIL. 


51 


Seventy-third — To  prohibit  and  punish  cruelty  to  animals. 

Seventy-fourth — To  restrain  and  punish  vagrants,  mendicants 
and  prostitutes. 

Seventy-fifth — To  declare  what  shall  be  a nuisance,  and  to 
abate  the  same ; and  to  impose  fines  upon  parties  who  may  create, 
continue  or  suffer  nuisances  to  exist. 

Seventy-sixth — To  appoint  a board  of  health,  and  prescribe  its 
powers  and  duties. 

Seventy-seventh — To  erect  and  establish  hospitals  and  medi- 
cal dispensaries,  and  control  and  regulate  the  same.  [See  Char- 
ities, ch.  23,  §§  105  to  116. 

Seventy-eighth — To  do  all  acts,  make  all  regulations  which 
may  be  necessary  or  expedient  for  the  promotion  of  health  or 
the  suppression  of  disease. 

Seventy-ninth — To  establish  and  regulate  cemeteries  within 
or  without  the  corporation,  and  acquire  lands  therefor,  by  pur- 
chase or  otherwise,  and  cause  cemeteries  to  be  removed,  and  pro- 
hibit their  establishment  within  one  mile  of  the  corporation. 

Eightieth — To  regulate,  restrain  and  prohibit  the  running  at 
large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to 
impose  a tax  on  dogs.  [See  §§  426  to  428. 

Eighty-first — To  direct  the  location  and  regulate  the  manage- 
ment and  construction  of  packing  houses,  renderies,  tallow 
chandleries,  bone  factories,  soap  factories  and  tanneries,  within 
the  limits  of  the  city  or  village,  and  within  the  distance  of  one 
mile  without  the  city  or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery  stables,  blacksmith 
shops  and  foundries  within  the  limits  of  the  city  or  village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome  busi- 
ness or  establishment  within  or  within  one  mile  of  the  limits  of 
the  corporation. 

Eighty-fourth — To  compel  the  owner  of  any  grocery,  cellar, 
soap  or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy,  sewer 


STATUTES  RELATING  TO  CITY. 


or  other  unwholesome  or  nauseous  house  or  place,  to  cleanse, 
abate,  or  remove  the  same,  and  to  regulate  the  location  thereof. 

Eighty-fifth — The  city  council  or  trustees  of  a village,  shall 
have  power  to  provide  for  the  taking  of  the  city  or  village  cen- 
sus; but  no  city  or  village  census  shall  be  taken  by  authority  of 
the  council  or  trustees  oftener  than  once  in  three  years. 

Eighty-sixth — -To  provide  for  the  erection  and  care  of  all 
public  buildings  necessary  for  the  use  of  the  city  or  village. 

Eighty-seventh — To  establish  ferries,  toll  bridges,  and  license 
and  regulate  the  same,  and  from  time  to  time  fix  tolls  thereon. 

Eighty-eighth — To  authorize  the  construction  of  mills,  mill- 
races  and  feeders  on,  through  or  across  the  streets  of  the  city  or 
village,  at  such  places  and  under  such  restrictions  as  they  shall 
deem  proper. 

Eighty-ninth — The  city  council  shall  have  power,  by  con- 
demnation or  otherwise,  to  extend  any  street,  alley  or  highway 
over  or  across,  or  to  construct  any  sewer  under  or  through  any 
railroad  track,  right  of  way,  or  land  of  any  railroad  company 
(within  the  corporate  limits) ; but  where  no  compensation  is 
made  to  such  railroad  company,  the  city  shall  restore  such  rail- 
road track,  right  of  way  or  land  to  its  former  state,  or  in  a suf- 
ficient manner  not  to  have  impaired  its  usefulness. 

Ninetieth — The  city  council  or  board  of  trustees  shall  have 
no  power  to  grant  the  use  of  or  the  right  to  lay  down  any  rail- 
road tracks  in  any  street  of  the  city  to  any  steam,  dummy,  elec- 
tric, cable,  horse  or  other  railroad  company,  whether  the  same 
shall  be  incorporated  under  any  general  or  special  law  of  the 
State,  now  or  hereafter  in  force,  except  upon  the  petition  of  the 
owners  of  the  land  representing  more  than  one-half  of  the  front- 
age of  the  street,  or  so  much  thereof  as  is  sought  to  be  used  for 
railroad  purposes,  and  when  the  street  or  part  thereof  sought  to 
be  used  shall  be  more  than  one  mile  in  extent,  no  petition  of  land 
owners  shall  be  valid  unless  the  same  shall  be  signed  by  the  own- 
ers of  the  land  representing  more  than  one-half  of  the  frontage 
of  each  mile  and  of  the  fraction  of  a mile  if  any  in  excess  of  the 


POWERS  OF  CITY  COUNCIL. 


0 o 


whole  miles  measuring  from  the  initial  point  named  in  such  pe- 
tition, of  such  street  or  of  the  part  thereof  sought  to  be  used  for 
railroad  purposes. 

Ninety-first — To  tax,  license  and  regulate  auctioneers,  dis- 
tillers, brewers,  lumber  yards,  livery  stables,  public  scales,  money 
changers  and  brokers. 

Ninety-second — To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites,  or  any  other  amusement  or  prac- 
tice having  a tendency  to  annoy  persons  passing  in  the  streets 
or  on  the  sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-third — To  regulate  and  prohibit  the  keeping  of  any 
lumber  yard,  and  the  placing  or  piling  or  selling  any  lumber, 
timber,  wood  or  other  combustible  material,  within  the  fire  limits 
of  the  city. 

Ninety-fourth — To  provide  by  ordinance,  that  all  the  paper, 
printing,  stationery,  blanks,  fuel,  and  all  the  supplies  needed 
for  the  use  of  the  city,  shall  be  furnished  by  contract  let  to  the 
lowest  bidder. 

Ninety-fifth — To  tax,  license  and  regulate  second-hand  and 
junk  stores,  and  to  forbid  their  purchasing  or  receiving  from 
minors,  without  the  written  consent  of  their  parents  or  guar- 
dians, any  article  whatsoever. 

Ninety-sixth — To  pass  all  ordinances,  rules,  and  make  all 
regulations,  proper  or  necessary,  to  carry  into  effect  the  powers 
granted  to  cities  or  villages,  with  such,  fines  or  penalties  as  the 
city  council  or  board  of  trustees  shall  deem  proper : Provided , 

no  fine  or  penalty  shall  exceed  $200.00,  and  no  imprisonment 
shall  exceed  six  months  for  one  offense.  [As  amended  by  act 
approved  and  in  force  March  30,  1887.  L.  1887,  p.  108.  Yates 
et  al.  v.  Village  of  Batavia,  79  111.  500;  Tugman  v.  City  of 
Chicago,  78  111.  405;  Covington  v.  City  of  East  St.  Louis,  78 
111.  548. 

62y2.  Emergency.]  § 2.  Whereas,  some  question  exists 
as  to  the  necessity  of  a petition  signed  by  the  property  owners 
to  authorize  the  granting  to  companies  organized  under  what  is 
known  as  the  Horse  and  Dummy  Act,  the  right  to  use  streets; 


54 


STATUTES  RELATING  TO  CITY. 


therefore,  an  emergency  exists,  and  this  act  shall  take  effect  and 
be  in  force  from  and  after  its  passage.  [As  amended  by  act  ap- 
proved and  in  force  March  30,  1887.  L.  1887,  p.  115. 

62a.  Power  to  license,  tax,  etc.,  itinerant  merchants,  etc.] 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly,  That  the  city  council  in  cities, 
and  the  president  and  board  of  trustees  in  villages  and  incor- 
porated towns,  shall  have  power  to  license,  tax,  regulate,  sup- 
press or  prohibit  itinerant  merchants  and  transient  venders  of 
merchandise.  ( 1 ) 

AN  ACT  to  extend  the  powers  of  the  city  council  in  cities,  and  the  president  and 

board  of  trustees  in  villages  and  incorporated  towns.  [Approved  June  16,1887. 

In  force  July  1,1887.  L.  1887,  p.  117.] 

63.  Style  of  ordinances.]  § 2.  The  style  of  the  ordinances 

in  cities  shall  be:  “Be  it  ordained  by  the  City  Council  of.  . . . 

64.  Publication  of  ordinances — when  take  effect.]  § 3. 

All  ordinances  of  cities  and  villages  imposing  any  fine,  penalty, 
imprisonment  or  forfeiture,  or  making  any  appropriation,  shall, 
within  one  month  after  they  are  passed,  be  published  at  least 
once  in  a newspaper  published  in  the  city  or  village,  or,  if  no 
such  newspaper  is  published  therein,  by  posting  copies  of  the 
same  in  three  public  places  in  the  city  or  village;  and  no  such 
ordinance  shall  take  effect  until  ten  days  after  it  is  so  published. 
And  all  other  ordinances,  orders  and  resolutions  shall  take  effect 
from  and  after  their  passage,  unless  otherwise  provided  therein. 

65.  Proof  of  ordinances.]  § 4.  All  ordinances,  and  the 
date  of  publication  thereof,  may  be  proven  by  the  certificate  of 
the  clerk,  under  the  seal  of  the  corporation.  And  when  printed 
in  book  or  pamphlet  form,  and  purporting  to  be  published  by  au- 
thority of  the  board  of  trustees  or  the  city  council,  the  same  need 
not  be  otherwise  published;  and  such  book  or  pamphlet  shall 
be  received  as  evidence  of  the  passage  and  legal  publication  of 
such  ordinances,  as  of  the  dates  mentioned  in  such  book  or  pam- 
phlet, in  all  courts  and-  places  without  further  proof.  [See 
“Evidence,”  etc.,  ch.  51,  § 14. 

66.  Suits  for  violating  ordinances.]  § 5.  All  actions 
brought  to  recover  any  fine,  or  to  enforce  any  penalty,  under 
any  ordinance  of  any  city  or  village,  shall  be  brought  in  the  cor- 


POWERS  OF  CITY  COUNCIL. 


55 


porate  name  of  the  city  or  village  as  plaintiff;  and  no  prosecu- 
tion, recovery  or  acquittal,  for  the  violation  of  any  such  ordi- 
nance, shall  constitute  a defense  to  any  other  prosecution  of  the 
same  party  for  any  other  violation  of  any  such  ordinance,  al- 
though the  different  causes  of  action  existed  at  the  same  time, 
and,  if  united,  would  not  have  exceeded  the  jurisdiction  of  the 
court  or  magistrate. 

67.  Fines  and  licenses — paid  to  treasurer.]  § 6.  All  fines 
and  forfeitures  for  the  violation  of  ordinances,  when  collected, 
and  all  moneys  collected  for  licenses  or  otherwise,  shall  be  paid 
into  the  treasury  of  the  corporation,  at  such  times  and  in  such 
manner  as  may  be  prescribed  by  ordinance. 

68.  Summons — affidavit — punishment.]  § 7.  In  all  ac- 

tions for  the  violation  of  any  ordinance,  the  first  process  shall 
be  a summons:  Provided , however,  that  a warrant  for  the 

arrest  of  the  offender  may  issue  in  the  first  instance  upon  the 
affidavit  of  any  person  that  any  such  ordinance  has  been  vio- 
lated, and  that  the  person  making  the  complaint  has  reason- 
able grounds  to  believe  the  party  charged  is  guilty  thereof ; 
and  any  person  arrested  upon  such  warrant  shall,  without  un- 
necessary delay,  be  taken  before  the  proper  officer  to  be  tried  for 
the  alleged  offense.  Any  person  upon  whom  any  fine  or  pen- 
alty shall  be  imposed,  may,  upon  the  order  of  the  court  or  magis- 
trate before  whom  the  conviction  is  had,  be  committed  to  the 
county  jail  or  the  calaboose,  city  prison,  workhouse,  house  of 
correction,  or  other  place  provided  by  the  city  or  village  for  the 
incarceration  of  offenders,  until  such  fine,  penalty  and  cost  shall 
be  fully  paid:  Provided,  that  no  such  imprisonment  shall  ex- 

ceed six  months  for  any  one  offense.  The  city  council  or  board 
of  trustees  shall  have  power  to  provide,  by  ordinance,  that  every 
person  so  committed  shall  be  required  to  work  for  the  corpora- 
tion, at  such  labor  as  his  or  her  strength  will  permit,  within 
and  without  such  prison,  work-house,  house  of  correction,  or 
other  place  provided  for  the  incarceration  of  such  offenders,  not 
exceeding  ten  hours  each  working  day;  and  for  such  work  the 
person  so  employed  to  be  allowed,  exclusive  of  his  or  her  board, 
$2  for  each  day’s  work  on  account  of  such  fine  and  cost.  TSee 
§ 299. 


STATUTES  RELATING  TO  CITY. 


56 


69.  Jurisdiction  of  justices,  etc.]  § 8.  Any  and  all  jus- 
tices of  the  peace  and  police  magistrates  shall  have  jurisdiction 
in  all  cases  arising  under  the  provisions  of  this  act,  or  any  ordi- 
nance passed  in  pursuance  thereof. 

70.  Constable  or  sheriff  may  serve  process,  etc.]  § 9.  Any 

constable  or  sheriff  of  the  county  may  serve  any  process,  or 
make  any  arrests  authorized  to  be  made  by  any  city  officer. 

71.  Jurisdiction  over  waters — street  labor.]  § 10.  The 

city  or  village  government  shall  have  jurisdiction  upon  all  waters 
within  or  bordering  upon  the  same,  to  the  extent  of  three  miles 
beyond  the  limits  of  the  city  or  village,  but  not  to  exceed  the 
limits  of  the  state;  and  may,  by  ordinances,  require  every  able- 
bodied  male  inhabitant,  of  such  city  or  village,  above  the  age  of 
twenty-one  years  and  under  the  age  of  fifty  years,  (excepting 
paupers,  idiots,  lunatics,  and  such  others  as  are  exempt  by  law), 
to  labor  on  the  streets  and  alleys  of  such  city  or  village,  not 
more  than  three  days  in  each  year,  but  such  ordinance  shall  pro- 
vide for  commutation  of  such  labor  at  not  more  than  one  dollar 
and  fifty  cents  per  day.  [As  amended  by  act  approved  April  10, 
1875.  In  force  July  1,  1875.  See  §§  44,  215,  216.  L.  1875, 

p.  62. 


ARTICLE  VI. 

OFFICERS THEIR  POWERS  AND  DUTIES. 

72.  Officers.]  § 1.  There  shall  be  elected,  in  all  cities 
organized  under  this  act,  the  following  officers,  viz:  a mayor, 
a city  council,  a city  clerk,  city  attorney,  and  a city  treasurer. 

73.  Other  officers — duties  of  city  marshal.]  § 2.  The  city 

council  may,  in  its  discretion,  from  time  to  time,  by  ordinance 
passed  by  a vote  of  two-thirds  of  all  the  aldermen  elected,  pro-  > 
vide  for  the  election  by  the  legal  voters  of  the  city,  or  the  ap- 
pointment by  the  mayor,  with  the  approval  of  the  city  council, 
of  a city  collector,  a city  marshal,  a city  superintendent  of 
streets,  a corporation  counsel,  a city  comptroller,  or  any  or 
either  of  them,  and  such  other  officers  as  may  by  said  council 
be  deemed  necessary  or  expedient.  The  city  council  may,  by 
aTike  vote,  by  ordinance  or  resolution,  to  take  effect  at  the  end  of 


POWERS  AND  DUTIES  OF  OFFICERS. 


57 


the  then  fiscal  year,  discontinue  any  office  so  created,  and  devolve 
the  duties  thereof  on  any  other  city  officer;  and  no  officer  filling 
any  such  office  so  discontinued,  shall  have  any  claim  against  the 
city  on  account  of  his  salary,  after  such  discontinuance.  The  city 
marshal  shall  perform  such  duties  as  shall  be  prescribed  by 
the  city  council  for  the  preservation  of  the  public  peace,  and 
the  observance  and  enforcement  of  the  ordinances  and  laws; 
he  shall  possess  the  power  and  authority  of  a constable  at  com- 
mon law,  and  under  the  statutes  of  this  state.  [Sheridan  et  al. 
v.  Colvin  et  al.,  78  111.,  237. 

74.  Appointments — vacancies — duties — powers.]  § 3.  All 

officers  of  any  city*  except  where  herein  otherwise  provided,  shall 
be  appointed  by  the  m'ayor  (and  vacancies  in  all  offices  except 
the  mayor  and  aldermen  shall  be  filled  by  like  appointment) 
by  and  with  the  advice  and  consent  of  the  city  council.  The 
city  council  may,  by  ordinance  not  inconsistent  with  the  provi- 
sions of  this  act,  prescribe  the  duties  and  define  the  powers  of 
all  such  officers,  together  with  the  term  of  any  such  office : Pro- 

vided, the  term  shall  not  exceed  two  years.  [See  §§  15-18, 
32  and  490. 

75.  Oath — bond.]  § 4.  All  officers  of  any  city  or  village, 
whether  elected  or  appointed,  shall,  before  entering  upon  the 
duties  of  their  respective  offices,  take  and  subscribe  the  follow- 
ing oath  or  affirmation: 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be, ) that  I will  support  the 
constitution  of  the  United  States,  and  the  constitution  of  the  State  of  Illinois,  and 

that  I will  faithfully  discharge  the  duties  of  the  office  of according 

to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in  the 
office  of  the  clerk.  And  all  such  officers,  except  aldermen  and 
trustees,  shall,  before  entering  upon  the  duties  of  their  respec- 
tive offices,  execute  a bond  with  security,  to  be  approved  by  the 
city  council  or  board  of  trustees,  payable  to  the  city  or  village, 
in  such  penal  sum  as  may,  by  resolution  or  ordinance,  be 
directed,  conditioned  for  the  faithful  performance  of  the  duties 
of  the  office  and  the  payment  of  all  moneys  received  by  such 
officer,  according  to  law  and  the  ordinances  of  said  city  or  vil- 
lage: Provided,  however,  that  in  no  case  shall  the  mayor’s 

bond  be  fixed  at  a less  sum  than  three  thousand  dollars  ($3,000)  ; 
nor  shall  the  treasurer’s  bond  be  fixed  at  a less  sum  than  the 


— 4 


58 


STATUTES  RELATING  TO  CITY. 


amount  of  the  estimated  tax  and  special  assessments  for  the 
current  year — which  bonds  shall  be  filed  with  the  clerk  (ex- 
cept the  bond  of  the  clerk,  which  shall  be  filed  with  the  treas- 
urer. ) 

76.  Commission — certificate — delivery  to  successors.]  § 5. 

All  officers  elected  or  appointed  under  this  act  (except  the  clerk, 
aldermen  and  mayor,  and  trustees,)  shall  be  commissioned  by 
warrant,  under  the  corporate  seal,  signed  by  the  clerk  and  the 
mayor  or  presiding  officer  of  the  city  council  or  board  of  trus- 
tees. The  mayor  or  president  of  the  board  of  trustees  shall 
issue  a certificate  of  appointment  or  election,  under  the  seal 
of  the  corporation,  to  the  clerk  thereof,  and  any  person  having 
been  an  officer  of  the  city  or  village,  shall,  within  five  days 
after  notification  and  request,  deliver  to  his  successor  in  office 
all  property,  books  and  effects  of  every  description  in  his  posses- 
sion, belonging  to  the  city  or  village,  or  appertaining  . to  his 
said  office;  and  upon  his  refusal  to  do  so,  shall  be  liable  for  all 
the  damages  caused  thereby,  and  to  such  penalty  as  may  by 
ordinance  be  prescribed. 

77.  Qualification  of  officers.]  § 6.  No  person  shall  be 

eligible  to  any  office  who  is  not  a qualified  elector  of  the  city  or 
village  and  who  shall  not  have  resided  therein  at  least  one  year 
next  preceding  his  election  or  appointment.  Nor  shall  any 
person  be  eligible  to  any  office  who  is  a defaulter  to  the  corpora- 
tion: Provided,  however,  this  shall  not  apply  to  the  appoint- 

ment or  election  of  city  engineer  in  incorporated  cities  and  vil- 
lages : And  provided , that  the  same  shall  not  apply  to  appoint- 

ment of  attorneys  in  incorporated  villages,  if  such  appointee  be 
not  a defaulter  to  the  corporation.  [As  amended  by  act  ap- 
proved June  21,  1895.  In  force  July  1,  1895.  L.  1895,  p.  96. 

78.  Not  interested  in  contracts,  etc.]  § 7.  No  officer  shall 
be  directly  or  indirectly  interested  in  any  contract,  work  or  bus- 
iness of  the  city,  or  the  sale  of  any  article,  the  expense,  price 
or  consideration  of  which  is  paid  from  the  treasury,  or  by  any 
assessment  levied  by  any  act  or  ordinance;  nor  in  the  purchase 
of  any  real  estate  or  other  property  belonging  to  the  corporation, 
or  which  shall  be  sold  for  taxes  or  assessments,  or  by  virtue  of 
legal  process  at  the  suit  of  said  corporation. 


POWERS  AND  DUTIES  OF  OFFICERS. 


59 


79.  Bribery — penalty.]  § 8.  Every  person  who  shall 
promise,  offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to  be 
promised,  offered  or  given,  or  furnish  or  agree  to  furnish,  in 
whole  or  in  part,  to  be  promised,  offered  or  given  to  any  mem- 
ber of  the  city  council  or  board  of  trustees,  or  any  officer  of  the 
corporation,  after  or  before  his  election  or  appointment  as  such 
officer,  any  moneys,  goods,  right  in  action,  or  other  property  or 
anything  of  value,  or  any  pecuniary  advantage,  present  or 
prospective,  with  intent  to  influence  his  vote,  opinion,  judgment 
or  action  on  any  question,  matter,  cause  or  proceeding  which 
may  be  then  pending,  or  may  by  law  be  brought  before  him  in 
his  official  capacity,  shall,  upon  conviction,  be  imprisoned  in  the 
penitentiary  for  a term  not  exceeding  two  years,  or  shall  be  fined 
not  exceeding  $5,000,  or  both,  in  the  discretion  of  the  court. 
Every  officer  who  shall  accept  any  such  gift  or  promise,  or  un- 
dertaking to  make  the  same  under  any  agreement  or  understand- 
ing that  his  vote,  opinion,  judgment  or  action  shall  be  in- 
fluenced thereby,  or  shall  be  given  in  any  question,  matter, 
cause  or  proceeding  then  pending,  or  which  may  by  law  be 
brought  before  him  in  his  official  capacity,  shall,  upon  convic- 
tioii,  be  disqualified  from  holding  any  public  office,  trust  or  ap- 
pointment under  the  city  or  village,  and  shall  forfeit  his  office, 
and  shall  be  punished  by  imprisonment  in  the  penitentiary  not 
exceeding  two  years,  or  by  a fine  not  exceeding  $5,000,  or  both, 
in  the  discretion  of  the  court.  Every  person  offending  against 
either  of  the  provisions  of  this  section,  shall  be  a competent 
witness  against  any  other  person  offending  in  the  same  trans- 
action, and  may  be  compelled  to  appear  and  give  evidence  be- 
fore any  grand  jury  or  in  any  court  in  the  same  manner  as  other 
persons;  but  the  testimony  so  given  shall  not  be  used  in  any 
prosecution  or  proceeding,  civil  or  criminal,  against  the  person 
so  testifying.  [See  “Criminal  Code,”  ch.  38,  § 31,  35. 

80.  Mayor,  etc.,  not  to  hold  other  office.]  § 9.  No  mayor, 
aldermen,  city  clerk,  or  treasurer,  shall  hold  any  other  office  un- 
der the  city  government  during  his  term  of  office.  [See  “Offi- 
cers,” ch.  102,  § 2,  4. 

81.  Duties  of  clerk.]  §10.  The  clerk  shall  keep  the  cor- 
porate seal,  to  be  provided  under  the  direction  of  the  city  coun- 
cil or  board  of  trustees,  and  all  papers  belonging  to  the  city  or 


STATUTES  RELATING  TO  CITY. 


60 

village;  he  shall  attend  all  meetings  of  the  city  council  or  board 
of  trustees,  and  keep  a full  record  of  its  proceedings  in  the  jour- 
nal; and  copies  of  all  papers  duly  filed  in  his  office,  and  tran- 
scripts from  the  journals  and  other  records  and  files  of  his  of- 
fice, certified  by  him  under  the  corporate  seal,  shall  be  evidence 
in  all  courts  in  like  manner  as  if  the  originals  were  produced. 

82.  Record  of  ordinances.]  § 11.  The  clerk  shall  record,, 
in  a book  to  be  kept  for  that  purpose,  all  ordinances  passed  by 
the  city  council  or  board  of  trustees,  and  at  the  foot  of  the  record 
of  each  ordinance  so  recorded  shall  make  a memorandum  of 
the  date  of  the  passage  and  of  the  publication  or  posting  of  such 
ordinances,  which  record  and  memorandum,  or  a certified  copy 
thereof,  shall  be  prima  facie  evidence  of  the  passage  and  legal 
publication  or  posting  of  such  ordinances  for  all  purposes  what- 
soever. 

83.  Conservators  of  the  peace — powers  of.]  § 12.  The 

trustees  in  villages,  the  mayor,  aldermen,  and  the  marshal  and 
his  deputies,  policemen  and  watchmen  in  cities,  if  any  such  be 
appointed,  shall  be  conservators  of  the  peace,  and  all  officers  cre- 
ated conservators  of  the  peace  by  this  act,  or  authorized  by  any 
ordinance,  shall  have  power  to  arrest  or  cause  to  be  arrested, 
with  or  without  process,  all  persons  who  shall  break  the  peace, 
or  be  found  violating  any  ordinance  of  the  city  or  village,  or  any 
criminal  law  of  the  State,  commit  for  examination  and,  if  nec- 
essary, detain  such  persons  in  custody  over  night  or  Sunday  in 
the  watch  house  or  any  other  safe  place,  or  until  they  can  be 
brought  before  the  proper  magistrate,  and  shall  have  and  exer- 
cise such  other  powers  as  conservators  of  the  peace  as  the 
city  council  or  board  of  trustees  may  prescribe.  All  warrants 
for  the  violation  of  ordinances,  and  all  criminal  warrants  to 
whomsoever  directed,  may  be  served  and  executed  within  the  cor- 
porate limits  of  any  such  city  or  village  by  any  policeman  of 
such  city  or  village;  such  policemen  being  hereby  clothed  with 
all  the  common  law  and  statutory  power  of  constables  for  such 
purposes.  [As  amended  by  act  approved  June  14,  1883.  In 
force  July  1,  1883.  L.  1883,  p.  58;  See  § 21. 

84.  Compensation  of  mayor.]  § 13.  The  mayor  of  any 
city  shall  receive  such  compensation  as  the  city  council  may  by 


POWERS  AND  DUTIES  OF  OFFICERS. 


61 


ordinance  direct,  but  his  compensation  shall  not  be  changed  dur- 
ing his  term  of  office.  See  § 243. 

85.  Compensation  of  aldermen  and  trustees.]  § 14.  The 

aldermen  and  trustees  may  receive  such  compensation  for  their 
serivces  as  shall  be  fixed  by  the  ordinances : Provided , however, 

that  in  cities  of  less  than  350,000  inhabitants  such  compensa- 
tion shall  not  exceed  the  sum  of  three  dollars  to  each  alderman 
for  each  meeting  of  the  city  council  or  board  of  trustees  actually 
attended  by  him;  in  cities  of  more  than  350,000  inhabitants 
such  compensation  shall  not  exceed  the  sum  of  fifteen  hundred 
dollars  per  annum  for  each  alderman,  and  in  villages  the  com- 
pensation to  trustees  shall  not  exceed  the  sum  of  one  dollar  and 
fifty  cents  for  each  meeting  of  the  board  of  trustees  actually  at- 
tended by  such  trustees.  No  other  salary  or  compensation  shall 
be  allowed  any  aldermen  or  trustee:  Provided , further,  that 

this  act  shall  apply  to  all  cities,  towns  and  villages  in  this  State 
whether  incorporated  under  a general  or  special  law,  and  that  in 
all  such  villages  and  incorporated  towns  the  trustees  thereof  shall 
receive  compensation  for  not  more  than  one  meeting  in  each  week. 
[As  amended  by  act  approved  and  in  force  May  ,26,  1897.  L. 
1897,  p.  94. 

86.  Compensation  of  other  officers.]  § 15.  All  other- 

officers  may  receive  a salary,  fees  or  other  compensation  to  be 
fixed  by  ordinance,  and  after  the  same  has  been  once  fixed, 
such  fees  or  compensation  shall  not  be  increased  or  diminished, 
to  take  effect  during  the  term  for  which  any  such  officer  was 
elected  or  appointed;  and  every  such  officer  shall  make  and 
return  to  the  mayor,  or  president  of  the  board  of  trustees,  a 
semi-annual  report,  verified  by  affidavit,  of  all  such  fees  and 
emoluments  received  by  him.  [See  “Fees  and  Salaries/’  ch. 

53,  §'  38. 

% 

87.  Administering  oaths.]  § 16.  The  mayor  of  any  city, 
and  the  clerk  of  any  city  or  village,  shall  have  power  to  admin- 
ister oaths  and  affirmations  upon  all  lawful  occasions. 


STATUTES  RELATING  TO  CITY. 


62 


ARTICLE  VII. 


OF  FINANCE. 

88.  Fiscal  year.]  § 1.  The  fiscal  year  of  each  city  or  vil- 
lage organized  under  this  act  shall  commence  at  the  date  estab- 
lished by  law  for  the  annual  election  of  municipal,  officers  there- 
in, or  at  such  other  times  as  may  be  fixed  by  ordinance. 

89.  Annual  appropriation  ordinance.]  § 2.  The  city  coun- 
cil of  cities,  and  board  of  trustees  in  villages,  shall,  within  the 
first  quarter  of  each  fiscal  year,  pass  an  ordinance,  to  be  termed 
the  annual  appropriation  bill,  in  which  such  corporate  authorities 
may  appropriate  such  sum  or  sums  of  money  as  may  be  deemed 
necessary  to  defray  all  necessary  expenses  and  liabilities  of  such 
corporation;  and  in  such  ordinance  shall  specify  the  objects  and 
purposes  for  which  such  appropriations  are  made,  and  the 
amount  appropriated  for  each  object  or  purpose.  No  further 
appropriations  shall  be  made  at  any  other  time  within  such  fis- 
cal year,  unless  the  proposition  to  make  each  appropriation  has 
been  first  sanctioned  by  a majority  of  the  legal  voters  of  such 
city  or  village,  either  by  a petition  signed  by  them,  or  at  a general 
or  special  election  duly  called  therefor.  [Commissioners  of 
Highways  v.  Newell  et  al.,  80  111.,  587;  Spring  et  al.  v.  Collec- 
tor of  the  City  of  Olney,  78  111.,  101. 

90.  Limitation — emergency — borrowing  money.]  § 3. 

Neither  the  city  council  nor  the  board  of  trustees,,  nor  any  de- 
partment or  officer  of  the  corporation,  shall  add  to  the  corpora- 
tion expenditures  in  any  one  year  anything  over  and  above  the 
amount  provided  for  in  the  annual  appropriation  bill  of  that 
year,  except  as  is  herein  otherwise  specially  provided;  and  no 
expenditure  for  an  improvement  to  be  paid  for  out  of  the  gen- 
eral fund  of  the  corporation  shall  exceed,  in  any  one  year,  the 
amount  provided  for  such  improvement  in  the  annual  appro- 
priation bill : Provided , hoivever , that  nothing  herein  contained 

shall  prevent  the  city  council  or  board  of  trustees  from  order- 
ing, by  a two-thirds  vote,  any  improvement,  the  necessity  of 
which  is  caused  by  any  casualty  or  accident  happening  after  such 
annual  appropriation  is  made.  The  city  council  or  board  of 
trustees  may,  by  a like  vote,  order  the  mayor  or  president  of  the 


FINANCE. 


63 


board  of  trustees  and  finance  committee  to  borrow  a sufficient 
amount  to  provide  for  the  expense  necessary  to  be  incurred  in 
making  any  improvements,  the  necessity  of  which  has  arisen 
as  is  last  above  mentioned,  for  a space  of  time  not  exceeding 
the  close  of  the  next  fiscal  year — which  sum,  and  fhe  interest, 
shall  be  added  to  the  amount  authorized  to  be  raised  in  the  next 
general  tax  levy,  and  embraced  therein.  Should  any  judgment 
be  obtained  against  the  corporation,  the  mayor,  or  president 
of  the  board  of  trustees  and  finance  committee,  under  the  sanc- 
tion of  the  city  council  or  board  of  trustees,  may  borrow  a suf- 
ficient amount  to  pay  the  same,  for  a space  of  time  not  ex- 
ceeding the  close  of  the  next  fiscal  year- — which  sum  and  inter- 
est shall,  in  like  manner,  be  added  to  the  amount  authorized  to 
be  raised  in  the  general  tax  levy  of  the  next  year,  and  embraced 
therein.  [Sherlock  et  al.  v.  Village  of  Winnetka,  68  111.,  530. 

91.  Contracting  liabilities  limited.]  §4.  No  contract  shall 
be  hereafter  made  by  the  city  council  or  board  of  trustees,  or 
any  committee  or  member  thereof;  and  no  expense  shall  be  in- 
curred by  any  of  the  officers  or  departments  of  the  corporation, 
whether  the  object  of  the  expenditure  shall  have  been  ordered 
by  the  city  council  or  board  of  trustees  or  not,  unless  an  appro- 
priation shall  have  been  previously  made  concerning  such  ex- 
pense, except  as  herein  otherwise  expressly  provided.  [See 
“Criminal  Code,”  ch.  38,  § 208. 

92.  Duties  of  treasurer.]  § 5.  The  treasurer  shall  receive 
all  moneys  belonging  to  the  corporation,  and  shall  keep  his  books 
and  accounts  in  such  manner  as  ma}r  be  prescribed  by  ordi- 
nance, and  such  books  and  accounts  shall  always  be  subject 
to  the  inspection  of  any  member  of  the  city  council  or  board 
of  trustees. 

93.  Separate  accounts.]  § 6.  He  shall  keep  a separate 
account  of  each  fund  or  appropriation,  and  the  debts  and  credits 
belonging  thereto. 

94.  Receipts.]  § 7.  He  shall  give  every  person  paying 
money  into  the  treasury  a receipt  therefor,  specifying  the  date 
of  payment,  and  upon  what  account  paid;  and  he  shall  also  file 
copies  of  such  receipts  with  the  clerk,  at  the  date  of  his  monthly 
reports. 


04 


STATUTES  RELATING  TO  CITY. 


95.  Monthly  statements — warrants — vouchers  — register.] 

S N.  The  treasurer  shall,  at  the  end  of  each  and  every  month, 
and  oftener  if  required,  render  an  account  to  the  city  council 
or  board  of  trustees,  or  such  officer  as  may  be  designated  bv  ordi- 
nance (under  oath),  showing  the  state  of  the  treasury  at  the 
date  of  such  account,  and  the  balance  of  money  in  the  treasury. 
He  shall  also  accompany  such  account  with  a statement  of  all 
moneys  received  into  the  treasury,  and  on  what  account,  to- 
gether with  all  warrants  redeemed  and  paid  by  him;  which  said 
warrants,  with  any  and  all  vouchers  held  by  him,  shall  be  de- 
livered to  the  clerk,  and  filed  with  his  said  account  in  the  clerk’s 
office,  upon  every  day  of  such  settlement.  He  shall  return  all 
warrants  paid  by  him  stamped  or  marked  “paid.”  He  shall 
keep  a register  of  all  warrants  redeemed  and  paid,  which  shall 
describe  such  warrants,  and  show  the  date,  amount,  number, 
the  fund  from  which  paid,  the  name  of  the  person  to  whom  and 
when  paid. 

96  Deposit  of  funds — separate  from  his.]  § 9.  The  treas- 
urer may  be  required  to  keep  all  moneys  in  his  hands,  belong- 
ing to  the  corporation,  in  such  place  or  places  of  deposit  as  may 
be  designated  by  ordinances:  Provided , however , no  such  ordi- 

nance shall  be  passed  by  which  the  custody  of  such  money  shall 
be  taken  from  the  treasurer  and  deposited  elsewhere  than  in 
some  regularly  organized  bank,  nor  without  a bond  to  be  taken 
from  such  bank,  in  such  penal  sum  and  with  such  security  as 
the  city  council  or  board  of  trustees  shall  direct  and  approve, 
sufficient  to  save  the  corporation  from  any  loss;  but  such  penal 
sum  shall  not  be  less  than  the  estimated  receipts  for  the  cur- 
rent year  from  taxes  and  special  assessments  levied,  or  to  be  lev- 
ied, by  the  corporation.  The  treasurer  shall  keep  all  moneys  be- 
longing to  the  corporation  in  his  hands  separate  and  distinct 
from  his  own  moneys,  and  he  is  hereby  expressly  prohibited  from 
using,  either  directly  or  indirectly,  the  corporation  money  or 
warrants  in  his  custody  and  keeping,  for  his  own  use  and  ben- 
efit, or  that  of  any  other  person  or  persons  whomsoever ; and  any 
violation  of  this  provision  shall  subject  him  to  immediate  re- 
moval from  office  b}r  the  city  council  or  board  of  trustees,  who 
are  hereby  authorized  to  declare  said  office  vacant ; and  in  which 
case  his  successor  shall  be  appointed,  who  shall  hold  his  office  for 


FINANCE. 


65 


the  remainder  of  the  term  unexpired  of  such  officer  so  removed. 
[See  “Criminal  Code,”  eh.  38,  § 80,  81. 

97.  Treasurer’s  annual  report — publication.]  § 10.  The 

treasurer  shall  report  to  the  city  council  or  board  of  trustees,  as 
often  as  required,  a full  and  detailed  account  of  all  receipts  and 
expenditures  of  the  corporation,  as  shown  by  his  books,  up  to 
the  time  of  said  report;  and  he  shall,  annually,  between  the 
first  and  tenth  of  April,  make  out  and  file  with  the  clerk  a full 
and  detailed  account  of  all  such  receipts  and  expenditures,  and 
of  all  his  transactions,  as  such  treasurer,  during  the  preceding 
fiscal  year,  and  shall  show  in  such  account  the  state  of  the  treas- 
ury at  the  close  of  the  fiscal  }rear;  which  account  the  clerk 
shall  immediately  cause  to  be  published  in  a newspaper  printed 
in  such  city,  if  there  be  one,  and  if  not,  then  by  posting  the 
same  in  a public  place  in  the  clerk’s  office. 

98.  Warrants.]  § 11.  All  warrants  drawn  upon  the"  treas- 
urer must  be  signed  by  the  mayor  and  countersigend  by  the 
clerk,  stating  the  particular  fund  or  appropriation  to  which  the 
same  is  chargeable,  and  the  person  to  whom  payable;  and  no 
money  shall  be  otherwise  paid  than  upon  such  warrants  so  drawn,, 
except  as  hereinafter  provided. 

99.  Special  assessment  funds  kept  separate.]  § 12.  All 

moneys  received  on  any  special  assessment  shall  be  held  by 
the  treasurer  as  a special  fund,  to  be  . applied  to  the  payment 
of  the  improvement  for  which  the  assessment  was  made,  and 
said  money  shall  be  used  fqr  no  other  purpose  whatever,  unless 
to  reimburse  such  corporation  for  money  expended  for  such  im- 
provement. 


CITY  COLLECTOR. 

100.  His  duties.]  § 13.  It  shall  be  the  duty  of  the  collec- 
tor, when  one  is  appointed,  to  preserve  all  warrants  which  are 
returned  into  his  hands,  and  he  shall  keep  such  books  and  his 
accounts  in  such  manner  as  the  city  council  may  prescribe.  Such 
warrants,  books,  and  all  papers  pertaining  to  his  office,  shall 
at  all  times  be  open  to  the  inspection  of,  and  subject  to  the  ex- 
amination of  the  mayor,  city  clerk,  any  member  of  the  coun- 
cil, or  committee  thereof.  He  shall  weekly,  and  oftener  if  re- 


STATUTES  RELATING  TO  CITY. 


GO 


quired  by  the  council,  pay  over  to  the  treasurer  all  moneys  col- 
lected by  him  from  any  source  whatever,  taking  such  treas- 
urer’s receipt  therefor,  which  receipt  he  shall  immediately  file 
with  the  city  clerk;  but  the  city  clerk  shall,  at  the  time,  or  on 
demand,  give  such  tax  collector  a copy  of  any  such  receipt  so 
filed. 

101.  He  shall  report,  etc. — publication.]  § 14.  ITe  shall 

make  a report  in  writing,  to  the  council,  or  any  officer  desig- 
nated by  the  council,  of  all  moneys  collected  by  him,  the  ac- 
count whereon  collected,  or  of  any  other  matter  in  connection 
with  his  office,  when  required  by  the  council  or  by  any  ordinance 
of  the  city.  He  shall  also,  annually,  between  the  first  and  tenth 
of  April,  file  with  the  clerk  a statement  of  all  the  moneys  col- 
lected by  him  during  the  year,  the  particular  warrant,  special 
assessment  or  account  on  which  collected,  the  balance  of  mon- 
eys uncollected  on  all  warrants  in  his  hands,  and  the  balance 
remaining  uncollected  at  the  time  of  the  return  on  all  warrants 
which  he  shall  have  returned,  during  the  preceding  fiscal  year, 
to  the  city  clerk.  The  city  clerk  shall  publish  or  post  the  same, 
as  hereinbefore  required  to  be  done  in  regard  to  the  annual  re- 
port of  the  treasurer.  [See  § 97. 

102.  Not  to  detain  money — penalty.]  § 15.  The  collec- 
tor is  hereby  expressly  prohibited  from  keeping  the  moneys  of 
the  city  in  his  hands,  or  in  the  hands  of  any  person  or  corpora- 
tion, to  his  use,  beyond  the  time  which  may  be  prescribed  for 
the  pa}unent  of  the  same  to  the  treasurer,  and  any  violation  of 
this  provision  will  subject  him  to  immediate  removal  from  office. 
[See  “Criminal  Code/’  ch.  38,  § 80,  81. 

103.  Examination  of  his  books — paying  over.]  § 16.  All 

the  city  collector’s  papers,  books,  warrants  and  vouchers  may  be 
examined  at  any  time  by  the  mayor  or  clerk,  or  any  member  of 
the  city  council;  and  the  collector  shall  every  two  weeks,  or 
oftener  if  the  city  council  so  direct,  pay  over  all  money  collected 
by  him  from  any  person  or  persons,  or  associations,  to  the  treas- 
urer, taking  his  receipt  therefor  in  duplicate,  one  of  which  re- 
ceipts he  shall  at  once  file  in  the  office  of  the  clerk. 


CITY  COMPTROLLER. 


67 


CITY  COMPTROLLER. 

104.  His  powers  and  duties.]  § 17.  The  city  comptroller 
(if  there  shall  be  any  city  comptroller  appointed,  if  not,  then 
the  clerk),  shall  exercise  a general  supervision  over  all  the  of- 
ficers of  the  corporation  charged  in  any  manner  with  the  re- 
ceipt, collection  or  disbursement  of  corporation  revenues,  and 
the  collection  and  return  of  all  such  revenues  into  the  treasury. 
He  shall  have  the  charge,  custody  and  control  of  all  deeds, 
leases,  warrants,  vouchers,  books  and  papers  of  any  kind,  the 
custody  and  control  of  which  is  not  herein  given  to  any  other 
officers;  and  he  shall,  on  or  before  the  fifteenth  day  of  May,  in 
each  year,  and  before  the  annual  appropriations  to  be  made  by 
the  city  council  or  the  board  of  trustees,  submit  to  the  city  coun- 
cil or  board  of  trustees  a report  of  his  estimates,  as  nearly  as 
may  be,  of  moneys  necessary  to  defray  the  expenses  of  the  cor- 
poration during  the  current  fiscal  year.  He  shall,  in  said  re- 
port, class  the  different  objects  and  branches  of  expenditures, 
giving,  as  nearly  as  may  be,  the  amount  required  for  each;  and 
for  the  purpose  of  making  such  report,  he  is  authorized  to  re- 
quire of  all  officers  their  statement  of  the  condition  and  ex- 
penses of  their  respective  offices  or  departments,  with  any  pro- 
posed improvements  and  the  probable  expense  thereof,  all  con- 
tracts made  and  unfinished,  and  the  amount  of  any  and  all 
unexpended  appropriations  of  the , preceding  year.  He  shall, 
in  such  report,  show  the  aggregate  income  of  the  preceding  fis- 
cal year,  from  all  sources,  the  amount  of  liabilities  outstand- 
ing upon  which  interest  is  to  be  paid,  the  bonds  and  debts  payable 
during  the  year,  when  due  and  when  payable;  and  in  such  re- 
port he  shall  give  such  other  information  to  the  council  or 
board  of  trustees  as  he  may  deem  necessary,  to  the  end  that  the 
city  council  or  board  of  trustees  may  fully  understand  the  money 
exigencies  and  demands  upon  the  corporation  for  the  current 
year. 

105.  Council  may  define  the  duties — transfer  of  clerk’s 
financial  duties.]  § 18.  When  there  shall  be  appointed  in 
any  city  a comptroller,  the  city  council  may,  by  ordinance  or 
resolution,  confer  upon  him  such  powers,  and  provide  for  the 
performance  of  such  duties  by  him,  as  the  city  council  shall 
deem  necessary  and  proper;  and  all  the  provisions  of  this  act 


STATUTES  RELATING  TO  CITY. 


G8 

relating  to  the  duties  of  city  clerk,  or  the  powers  of  city  clerk 
in  connection  with  the  finances,  the  treasurer  and  collector,  or 
the  receipt  and  disbursements  of  the  moneys  of  such  city, 
shall  he  exercised  and  performed  by  such  comptroller,  if  one 
there  shall  be  appointed;  and  to  that  end  and  purpose,  wherever 
in  this  act  heretofore  the  word  “clerk”  is  used,  it  shall  be  held 
to  mean  “comptroller;”  and  wherever  the  “clerk’s  office”  is  re- 
ferred to,  it  shall  be  held  to  mean  “cQmptroller’s  office.” 

106.  Record  of  bonds  issued  by  city.]  § 19.  The  comp- 
troller, when  there  shall  be  a comptroller,  and  if  not,  then  the 
clerk,  shall  keep  in  his  office,  in  a book  or  books  kept  expressly 
for  that  purpose,  a correct  list  of  all  the  outstanding  bonds  of 
the  city,  showing  the  number  and  amount  of  each,  for  and  to 
whom  the  said  bonds  are  issued;  and  when  any  city  bonds  are 
purchased,  or  paid,  or  canceled,  said  book  or  books  shall  show 
the  fact ; and  in  his  annual  report  he  shall  describe,  particularly, 
the  bonds  sold  during  the  year,  and  the  terms  of  sale,  with  each 
and  every  item  of  expense  thereof. 

GENERAL  PROVISIONS. 

107.  Further  duties  may  be  required.]  § 20.  The  collec- 
tor and  treasurer,  and  all  other  officers  connected  with  the  re- 
ceipt and  expenditure  of  money,  shall  perform  such  other  duties, 
and  be  subject  to  such  other  rules  and  regulations  as  the  city 
council  or  board  of  trustees  may,  from  time  to  time,  by  ordi- 
nance, provide  and  establish. 

108.  Appeal  to  finance  committee.]  § 21.  In  the  adjust- 
ment’ of  the  accounts  of  the  collector  or  treasurer  with  the  clerk 
(or  comptroller  if  there  shall  be  one),  there  shall  be  an  appeal 
to  the  finance  committee  of  the  council  or  board  of  trustees, 
whose  decision  in  all  matters  of  controversy  arising  between 
said  officers  shall  be  binding,  unless  the  city  council  or  hoard 
of  trustees  shall  otherwise  direct  and  provide. 

109.  Who  may  appoint  subordinates.]  § 22.  The  comp- 
troller (if  there  shall  be  one),  the  clerk,  treasurer  and  collector, 
shall,  severally,  appoint  such  various  clerks  and  subordinates  in 
their  respective  offices  as  the  city  council  or  board  of  trustees 


GENERAL  PROVISIONS. 


69 

may  authorize,  and  shall  be  held,  severally,  responsible  for  the 
fidelity  of  all  persons  so  appointed  by  them. 

110.  Foreign  insurance  companies — license,  etc. — penalties.] 

§ 23.  All  corporations,  companies  or  associations  not  incorpo- 
rated under  the  laws  of  this  State,  engaged  in  any  city  in  effect- 
ing fire  insurance,  shall  pay  to  the  treasurer  the  sum  of  $2  upon 
the  $100  of  the  net  receipts  by  their  agency  in  such  city,  and 
at  that  rate  upon  the  amount  of  all  premiums  which,  during 
the  half  year  ending  on  every  first  da}^  of  July  and  January, 
shall  have  been  received  for  any  insurance  effected  or  agreed 
to  be  effected  in  the  city  or  village,  by  or  with  such  corpora- 
tions, companies  or  associations,  respectively.  Every  person  who 
shall  act  in  any  city  or  village  as  agent,  or  otherwise,  for  or  on 
behalf  of  any  such  corporations,  company  or  association,  shall, 
on  or  before  the  fifteenth  day  of  July  and  January,  in  each  year, 
render  to  the  comptroller  (if  there  be,  if  not,  to  the  clerk), 
a full,  true  and  just  account,  verified  by  his  oath,  of  all  pre- 
miums which,  during  the  half  year  ending  on  every  first  day 
of  July  and  January  preceding  such  report,  shall  have  been 
received  by  him,  or  any  other  person  for  him,  in  behalf  of  any 
such  corporation,  company  or  association,  and  shall  specify  in 
said  account  the  amounts  received  for  fire  insurance.  Such 
agents  shall  also  pay  over  to  the  treasurer,  at  the  time  of  ren- 
dering the  aforesaid  account,  the  amount  of  rates  for  which  the 
company  or  companies  represented  by  them  are  severally 
chargeable  by  virtue  hereof.  If  such  account  be  not  rendered 
on  or  before  the  day  hereinbefore  designated  for  that  purpose, 
or  if  the  said  rates  shall  remain  unpaid  after  that  day,  it  shall 
be  unlawful  for  any  corporation,  company  or  association  so  in 
default  to  transact  any  business  of  insurance  in  any  such  city  or 
village,  until  the  said  requisitions  shall  have  been  fully  com- 
plied with;  but  this  provision  shall  not  relieve  any  company 
from  the  payment  of  any  risk  that  may  be  taken  in  violation 
hereof.  Any  person  or  persons  violating  any  of  the  provisions 
of  this  section  shall  be  subject  to  .indictment,  and  upon  convic- 
tion thereof,  in  any  court  of  competent  jurisdiction,  shall  be 
fined  in  any  sum  not  exceeding  $1,000,  or  imprisoned  not  ex- 
ceeding six  months,  or  both,  in  the  discretion  of  the  court. 
Said  rates  may  also  be  recovered  of  such  corporation,  company' 


70  STATUTES  RELATING  TO  CITY. 

or  association,  or  its  agent,  by  action  in  the  name  and  for  the  use 
of  any  such  city  or  village,  as  for  money  had  and  received  for  its 
use : Provided , that  this  section  shall  only  apply  to  such  cities 

and  villages  as  have  an  organized  fire  department,  or  maintain 
some  organization  for  the  prevention  of  fires.  [See  § 324;  also 
“Insurance,”  ch.  73,  § 30. 

ARTICLE  VIII. 

t 

OF  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 

111.  Ordinance  of  levying  tax — limitation.]  § 1.  The' 

city  council  in  cities  and  boards  of  trustees  in  villages  may  levy 
and  collect  taxes  for  corporate  purposes  in  the  manner  follow- 
ing: The  city  council  or  boards  of  trustees,  as  the  case 

may  be,  shall,  annually,  on  or  before  the  third  (3)  Tuesday  in 
September  in  each  year,  ascertain  the  total  amount  of  appropria- 
tions for  alL  corporate  purposes  legally  made  and  to  be  collected 
from  the  tax  levy  of  that  fiscal  year ; and,  by  an  ordinance  speci- 
fying in.  detail  the  purposes  for  which  such  appropriations  are 
made  and  the  sum  or  amount  appropriated  for  each  purpose  re- 
spectively, levy  the  amount  so  ascertained  upon  all  the  prop- 
erty subject  to  taxation  within  the  city  or  village  as  the  same 
is  assessed  and  equalized  for  State  and  county  purposes  for  the 
current  year.  A certified  copy  of  such  ordinance  shall  be  filed 
with  the  county  clerk  of  the  proper  county,  whose  duty  it  shall 
be  to  ascertain  the  rate  per  cent  which,  upon  the  total  valua- 
tion of  all  property  subject  to  taxation  within  the  city  or  vil- 
lage as  the  same  is  assessed  and  equalized  for  State  and  county 
purposes,  will  produce  a net  amount  of  not  less  than  the  amount 
so  directed  to  be  levied,  and  it  shall  be  the  duty  of  the  county 
clerk  to  extend  such  tax  in  a separate  column  upon  the  book 
or  books  of  the  collector  or  collectors  of  State  and  county,  taxes 
within  such  city  or  village.  And  where  the  corporate  limits  of  any 
city  or  village  shall  lie  partly  in  two  or  more  counties,  the  city 
council  or  board  of  trustees  shall  ascertain  the  total  amount  of 
all  taxable  property  lying  within  the  corporate  limits  of  said  city 
or  village  in  each  county  as  the  same  is  assessed  and  equalized 
for  State  and  county  purposes  for  the  current  year,  and  certify 
the  amount  of  taxable  property  in  each  county  within  said  city 
or  village,  under  the  seal  of  said  city  or  village,  to  the  county 


ASSESSMENT  AND  COLLECTION  OE  TAXES. 


71 


clerk  of  the  county  where  the  seat  of  government  of  such  city 
or  village  is  situated,  whose  duty  it  shall  be  to  ascertain  the  rate 
per  cent  which,  upon  the  total  valuation  of  all  property  subject 
to  taxation  within  the  city  or  village,  ascertained  as  aforesaid, 
will  produce  a net  amount  not  less  than  the  amount  so  directed 
to  be  levied;  and  said  clerk  shall,  as  soon  as  said  rate  per  cent 
of  taxation  is  ascertained,  certify  under  his  hand  and  seal  of  office 
to  the  county  clerk  of  any  other  county  wherein  a portion  of  said 
city  or  village  is  situate,  such  rate  per  cent,  and  it  shall  be  the 
duty  of  such  county  clerk  to  whom  such  rate  per  cent  is  certi- 
fied to  extend  such  tax  in  a separate  column  upon  the  book  or 
books  of  the  .collector  or  collectors  of  the  State  and  county  taxes 
for  such  county  against  all  property  in  his  county  within  the 
limits  of  said  city  or  village:  Provided,  the  aggregate  amount 

of  taxes  levied  for  any  one  year,  exclusive  of  the  amount  levied 
for  the  payment  of  bonded  indebtedness  or  interest  thereon, 
shall  not  exceed  the  rate  of  two  (2)  per  centum  upon  the  ag- 
gregate valuation  of  all  property  within  such  city  or  village  sub-  * 
ject  to  taxation  therein,  as  the  same  was  equalized  for  State  and 
county  taxes  for  the  current  year. 

And  provided,  further,  that  nothing  herein  contained  shall 
be  held  to  repeal  or  modify  the  limitations  contained  in  section 
49  of  an  act  entitled,  “An  act  for  the  assessment  of  property  and 
providing  the  means  therefor,  and  to  repeal  a certain  act 
therein  named,  approved  Feb.  25,  1898.”  [As  amended  by  act 
approved  April  22,  1899.  In  force  July  1,  1899.  L.  1899,  p.  92. 

112.  Manner  of  collecting.]  § 2.  The  tax  so  assessed 
shall  be  collected  and  enforced  in  the  same  manner  and  by  the 
same  officers  as  State  and  county  taxes,  and  shall  be  paid  over 
by  the  officers  collecting  the  same  to  the  treasurer  of  the  city  or 
village. 

113.  Time  of  paying  over.]  § 3.  It  shall  be  the  duty  of 
the  officer  collecting  such  tax  to  settle  with  and  pay  over  to  such 
treasurer,  as  often  as  once  in  two  weeks  from  the  time  he  shall 
commence  the  collection  thereof,  all  such  taxes  as  he  shall  then 
have  collected,  till  the  whole  tax  collected  shall  be  paid  over. 
[See  “Revenue,”  eh.  120,  §§  138,  164,  167,  243>  244. 


STATUTES  RELATING  TO  CITY. 


114.  When  tax  levied  for  particular  purpose.]  § 4.  When-  • 

ever  any  city  or  village  is  required  to  levy  a tax  for  the  payment 
of  any  particular  debt,  appropriation  or  liability  of  the  same, 
the  tax  for  such  purpose  shall  be  included  in  the  total  amount 
assessed  by  the  city  council  or  hoard  of  trustees,  and  certified 
to  the  county  clerk  as  aforesaid;  but  the  city  council  or  hoard 
of  trustees  shall  determine,  in  the  ordinance  making  such  as- 
sessment, what  proportion  of  such  total  amount  shall  be  appli- 
cable to  the  payment  of  such  particular  debt,  appropriation 
or  liability;  and  the  city  or  village  treasurer  shall  set  apart 
such  proportion  of  the  tax  collected  and  paid  to  him  for  the 
payment  of  such  particular  debt,  appropriation  or  liability,  and 
shall  not  disburse  the  same  for  any  other  purpose  until  such 
debt,  appropriation  or  liability  shall  have  been  discharged. 

115.  Uniformity.]  § 5.  All  taxes  levied  or  assessed  by 
any  city  or  village,  except  special  assessments  for  local  improve- 
ments, shall  be  uniform  upon  all  taxable  property  and  persons 
within  the  limits  of  the  city,  and  no  property  shall  be  exempt 
therefrom  other  than  such  property  as  may  be  exempt  from  tax- 
ation under  the  constitution  and  general  laws  of  the  State. 
[See  Const.,  art.  9,  § 9. 

ARTICLE  IX. 

SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 

Note.— Sections  116  to  168r  omitted,  the  same  being  repealed  by  implication 
by  “Act  concerning  Local  Improvements.”  Approved  June  14,  1897.  See  §§507 
to  605  inclusive.  For  power  to  use  this  act  in  special  cases  instead  of  article  IX 
see  § 604. 

ARTICLE  X. 

( MISCELLANEOUS  PROVISIONS  ) — WATER. 

169.  Water — borrow  money.]  § 1.  The  city  council  or 
board  of  trustees  shall  have  the  power  to  provide  for  a supply 
of  water  b}r  the  boring  and  sinking  of  artesian  wells,  or  by  the 
construction  and  regulation  of  wells,  pumps,  cisterns,  reser- 
voirs or  water  works,  and  to  borrow  money  therefor,  and  to  au- 
thorize any  person  or  private  corporation  to  contruct  and  main- 
tain the  same  at  such  rates  as  may  be  fixed  by  ordinance,  and 
for  a period  not  exceeding  thirty  years;  also  to  prevent  the  un- 


MISCELLANEOUS  PROVISIONS. 


73 


necessary  waste  of  water;  to  prevent  the  pollution  of  the  water, 
and  injuries  to  such  wells,  pumps,  cisterns,  reservoirs  or  water 
works.  [See  § 254-269. 

170.  Acquiring'  property  for  water  works — jurisdiction 
over.]  § 2.  For  the  purpose  of  establishing  or  supplying 
water  works,  any  city  or  village  may  go  beyond  its  territorial 
limits,  and  may  take,  hold  and  acquire  property  by  purchase 
or  otherwise  ; shall  have  power  to  take  and  condemn  all  neces- 
sary lands  or  porperty  therefor,  in  the  manner  provided  for 
the  taking  or  injuring  private  property  for  public  uses;  and 
the  jurisdiction  of  the  city  or  village  to  prevent  or  punish  any 
pollution  or  injury  to  the  stream  or  source  of  water,  or  to  such 
vvater  works,  shall  extend  five  miles  beyond  its  corporate  limits, 
or  so  far  as  such  water  works  may  extend.  [See  § 256;  also 
“Eminent  Domain,”  ch.  47. 

171.  Regulations — rates,  taxation,  etc.]  § 3.  The  city 

council  or  board  of  trustees  shall  have  power  to  make  all  needful 
rules  and  regulations  concerning  the  use  of  water  supplied  by 
the  water  works  of  said  city  or  village,  and  to  do  all  acts  and 
make  such  rules  and  regulations  for  the  construction,  completion, 
management  or  control  of  the  water  works,  and  for  the  levying 
and  collecting  of  any  water  taxes,  rates  or  assessments,  as  the 
said  city  council  or  board  of  trustees  may  deem  necessary  and 
expedient ; and  such  water  taxes,  rents,  rates  or  assessments  may 
be  levied  or  assessed  upon  any  lot  or  parcel  of  ground,  having  a 
building  or  buildings  thereon,  which  shall  abut  or  join  am^  street, 
avenue  or  alley  in  such  city  or  village  through  which  the  dis- 
tributing pipes  of  such  water  works  (if  any)  of  said  city  or  vil- 
lages are  or  may  be  laid,  which  can  be  conveniently  supplied 
with  water  from  said  pipes:  Provided,  [whether]  the  water 

shall  be  used  on  such  lot  or  parcel  of  ground  or  not ; and  the 
same,  when  so  levied  or  assessed,  shall  become  a continuing  lien 
or  charge  upon  such  lot  or  parcel  of  ground,  building  or  build- 
ings, situated  thereon,  and  such  lien  or  charge  may  be  collected 
or  enforced  in  such  manner  as  the  city  council  may,  by  ordi- 
nance prescribe.  And  the  corporate  authorities  may  levy  a gen- 
eral tax  for  the  construction  and  maintenance  of  such  water 
works,  and  appropriate  money  therefor. 


74 


STATUTES  RELATING  TO  CITY. 

172.  Tax-payer  may  enforce  rights  in  name  of  city,  etc.] 

§ 4.  A suit  may  be  brought  by  any  tax-payer,  in  the  name  and 
for  the  benefit  of  the  city  or  village,  against  any  person  or  cor- 
poration, to  recover  any  money  or  property  belonging  to  the  city 
or  village,  or  for  any  money  which  may  have  been  paid,  expended, 
or  released  without  authority  of  law:  Provided,  that  such  tax- 

payer shall  file  a bond  for  all  costs,  and  be  liable  for  all  costs 
in  case  the  city  or  village  be  cast  in  the  suit,  and  judgment  shall 
be  rendered  accordingly. 

173.  Maps,  approval  of.]  § 5.  The  city  council  or  board  of 
trustees  shall  have  powrer  to  provide,  by  ordinance,  that  any 
map,  plat,  or  subdivision  of  any  block,  lot,  sublot,  or  part  thereof, 
or  of  any  piece  or  parcel  of  land,  shall  be  submitted  to  the  city 
council  or  board  of  trustees,  or  to  some  officer  to  be  designated 
by  such  council  or  board  of  trustees,  for  their  or  his  approval; 
and  in  such  cases  no  such  map,  plat  or  subdivision  shall  be  en- 
titled to  record  in  the  proper  county,  or  have  any  validity  until 
it  shall  have  been  so  approved.  [See  “Recorders,”  ch.  115,  § 13. 

174.  Inhabitants  competent  as  jurors,  etc.]  § 6.  No  per- 
son shall  be  an  incompetent  judge,  justice  or  juror,  by  reason 
of  his  being  an  inhabitant  or  freeholder  in  said  city  or  villiage, 
in  any  action  or  proceeding  in  which  said  city  or  village  may  be 
a party  in  interest. 

175.  Population — census.]  § 7.  Whenever  in  this  act  any 

provision  thereof  is  based  upon  the  number  of  inhabitants,  [the 
number  of  inhabitants]  of  the  city  or  village  shall  be  deter- 
mined by  reference  to  the  latest  census  taken  by  authority  of  the 
United  States  or  this  State,  or  of  such  city  or  village;  and  it 
shall  be  the  duty  of  the  Secretary  of  State,  upon  the  publica- 
tion of  any  state  or  United  States  census,  to  certify  to  each  city 
or  village  the  number  of  inhabitants,  as  shown  by  such  census. 
Any  city  or  village  may,  by  ordinance,  provide  for  the  taking 
of  a census  of  the  population  thereof,  in  order  to  determine  the 
number  of  such  population  for  any  and  all  purposes  of  this  act. 
And  the  several  courts  in  this  State  shall  take  judicial  notice 
of  the  population  of  any  city  or  village,  as  the  same  may  appear 
from  the  latest  federal,  State,  city  or  village  census  so  taken. 


ORGANIZATION  OF  VILLAGES. 


75 


176.  Municipal  year.]  § 8.  The  term  “municipal  year” 
shall  be  construed  to  mean  the  period  elapsing  between  the 
regular  annual  elections  unless  otherwise  provided  by  ordinance. 

177.  City  or  village  need  not  give  appeal  bond.]  § 9.  When 
in  any  suit  the  city  or  village  prays  an  appeal  from  the  judgment 
of  any  court  of  this  State  to  a higher  court,  it  shall  not  be  re- 
quired to  furnish  an  appeal  bond. 

ARTICLE  XI. 

OF  THE  ORGANIZATION  OF  VILLAGES. 

178.  By  incorporated  towns.]  § 1.  Any  town  in  this  State 

incorporated,  either  under  any  general  law  for  the  incorporation 
of  towns  and  acts  amendatory  thereof,  or  under  any  special  act 
for  the  incorporation  of  any  town  or  village,  or  any  town  which 
may  be  organized  out  of  territory  which  may  be  disconnected 
from  any  incorporated  town  under  the  provisions  of  an  act  en- 
titled “An  act  to  provide  for  the  division  of  incorporated  towns,” 
may  become  organized  as  a village  under  this  act  in  the  manner 
following:  Whenever  any  thirty  voters  in  such  town  shall  pe- 

tition the  corporate  authorities  thereof  to  submit  the  question 
whether  such  town  will  become  organized  as  a village  under  this 
act,  to  the  decision  of  the  legal  voters  thereof,  it  shall  be  the  duty 
of  such  corporate  authorities  to  submit  the  same  accordingly  and 
to  fix  a time  and  place  within  such  town  for  holding  such  elec- 
tion and  to  appoint  the  judges  to  hold  such  election,  and  to  give 
notice  of  the  time,  place  and  purpose  of  such  election  by  caus- 
ing at  least  five  notices  thereof  to  be  posted  in  public  places  in 
such  town  for  at  least  fifteen  days  prior  to  holding  such  election. 
[As  amended  by  act  approved  June  18,  1891.  In  force  July  1, 
1891.  L.  1891,  p.  79.  Village  of  Glencoe  v.  People,  78  111.  382. 

179.  Ballot.]  § 2.  Each  qualified  voter,  resident  within 
such  town,  or  proposed  village,  shall  have  the  right  to  cast  a bal- 
lot at  such  election,  with  the  words  thereon,  “For  village  organi- 
gation  under  the  general  law,”  or  “Against  village  organization 
under  the  general  law.” 

180.  Returns — canvass — record.]  § 3.  The  judges  of  such 
election  shall  make  returns  thereof  to  the  president  and  trus- 
tees of  the  town,  as  soon  as  practicable  after  such  election  is 


STATUTES  RELATING  TO  CITY. 


7 b 

hold;  and  it  shall  be  the  duty  of  the  president  and  trustees  to 
canvass  such  returns,  and  cause  a statement  of  the  result  of 
such  election  to  be  entered  upon  the  records  of  the  town. 

181.  Result — old  officers  continue  until,  etc.]  § 4.  If  a 

majority  of  the  votes  cast  at  such  election  are  for  village  organi- 
zation under  the  general  law,  such  town  shall,  from  thenceforth, 
be  deemed  to  be  duly  incorporated  as  a village  under  this  act;  but 
the  town  officers  then  in  office  shall  continue  as  like  officers  of 
such  village  until  their  successors  shall  be  elected  or  appointed 
under  the  provisions  of  this  act. 

182.  New  organization — how  effected.]  § 5.  Whenever 

any  area  of  contiguous  territory,  not  exceeding  two  square 
miles,  shall  have  resident  thereon  a population  of  at  least  three 
hundred  inhabitants,  and  which  territory  is  not  included  within 
the  limits  of  any  incorporated  town,  village  or  city,  the  same 
may  become  incorporated  as  a village,  under  this  act,  in  the  man- 
ner following:  Any  thirty  legal  voters  resident  within  the 

limits  of  such  proposed  village  may  petition  the  county  judge 
of  the  county  in  which  they  reside,  to  cause  the  question  to  be 
submitted  to  the  legal  voters  ,of  such  proposed  village,  whether 
they  will  organize  as  a village  under  this  act.  And  if  the  ter- 
ritory described  in  said  petition  shall  be  situated  in  more  than 
one  county,  then  the  petition  shall  be  addressed  to  the  judge 
of  the  county  court  of  the  county  where  a greater  part  of  such 
territory  is  situated.  Such  petition  shall  be  addressed  to  the 
county  judge,  contain  a definite  description  of  the  lands  in- 
tended to  be  embraced  in  such  village,  the  number  of  inhabi- 
tants resident  therein,  and  the  name  of  such  proposed  village. 
[See  § 175. 

183.  Petition — election — returns.]  § 6.  Upon  the  filing 
such  petition  in  the  office  of  the  county  clerk,  it  shall  be  the 
duty  of  such  judge  to  perform  the  same  duties  in  reference  to 
fixing  the  time  and  place  of  such  election,  giving  notice  ap- 
pointing judges  thereof,  as  is  above  required  to  be  performed 
by  the  president  and  trustees  in  towns  already  incorporated. 
The  returns  of  such  election  shall  be  made  to  the  county  judge, 
who  shall  call  to  his  assistance  any  two  justices  of  the  peace, 
and  canvass  such  returns,  and  cause  a statement  of  the  result 


ORGANIZATION  OF  VILLAGES. 


7 


of  such  election  to  be  entered  upon  the  records  of  the  county 
court.  The  second  section  of  this  article  shall  be  applicable 
to  such  election. 

184.  Result — election  of  officers,  etc.]  § 7.  If  a majority 
of  the  votes  cast  at  such  election  is  for  village  organization 
under  the  general  law,  such  proposed  village,  with  the  bounda- 
ries and  name  mentioned  in  the  petition,  shall,  from  thence- 
forth, be  deemed  an  organized  village  under  this  act,  and  the 
county  judge  shall,  thereupon,  call,  and  fix  the  time  and  place 
of  an  election  to  elect  village- officers,  and  cause  notice  thereof 
to  be  posted  or  published,  and  perform  all  other  acts  in  refer- 
ence to  such  election,  in  like  manner,  as  nearly  as  may  be,  as 
he  is  required  to  perform  in  reference  to  the  election  of  officers 
in  newly  organized  cities.  But  the  term  of  office  of  trustees 
elected  at  such  election  shall  terminate  as  soon  as  their  succes- 
sors are  elected  and  qualified,  at  the  regular  annual  election. 

185.  Trustees — corporate  name — powers.]  § 8.  In  each 

village  organized  under  this  act,  there  shall  be  elected  by  the 
qualified  electors  therein  six  trustee's,  who  shall  hold  their  office 
until  their  successors  are  elected  and  qualified.  At  the  first 
election  held  thereafter  there  shall  be  elected  the  full  number 
of  trustees.  At  the  first  meeting  of  the  board  of  trustees  held 
after  said  first  election,  the  trustees  elected  shall  be  divided  by  lot 
into  two  classes;  those  of  the  first  class  shall  continue  in  office 
for  one  year,  and  those  of  the  second  for  two  years  from  the 
date  of  the  annual  election  for  that  municipal  year,  and  an- 
nually thereafter  there  shall  be  elected  three  trustees,  who  shall 
hold  their  office  for  the  term  of  two  years,  and  until  their  suc- 
cessors are  elected  and  qualified.  The  trustees  shall  choose  one 
of  their  own  number  president ; and  such  village  shall  from  the 
time  of  the  first  election  held  by  it  under  said  act  be  considered 
in  law  and  equity,  a body  corporate  and  politic,  by  the  name 

and  style  of  “The  village  of  \ ” 

and  by  such  name  and  style  may  sue  and  be  sued,  contract  and 
be  contracted  with,  acquire  and  hold  real  and  personal  prop- 
erty necessary  for  corporate  purposes,  adopt  a common  seal  and 
alter  the  same  at  pleasure,  and  possess  all  other  powers  as  a cor- 
poration in  this  act  conferred  upon  cities  not  exceeding  five 
thousand  inhabitants,  except  as  herein  otherwise  expressly  pro- 


78 


STATUTES  RELATING  TO  CITY. 


vidcd.  And  wherever  the  words  “city  council”  or  “mayor” 
occur  in  this  act,  the  same  shall  be  held  to  apply  to  the  trus- 
tees and  president  of  such  village,  so  far  as  the  same  may  be 
applicable.  [As  amended  by  act  approved  May  28,  1879.  In 
force  July  1,  1879.  L.  1879,  p.  67. 

186.  Powers  and  duties  of  president  and  trustees.]  § 9. 

The  president  of  the  board  of  trustees  shall  perform  the  duties 
and  exercise  the  powers  conferred  upon  the  mayor  of  a city,  and 
shall  receive  as  compensation  therefor  a salary  to  be  fixed  by 
the  board  of  trustees,  which  salary  shall  in  no  case  exceed  two 
thousand  dollars  ($2,000)  per  annum;  and  the  trustees  shall 
perform  the  duties  and  exercise  all  the  powers  conferred  upon 
aldermen  in  cities;  and  the  president  and  board  of  trustees 
may  exercise  the  same  powers  conferred  upon  the  mayor  and 
city  council  of  cities,  and  pass  ordinances  in  like  manner.  The 
president  of  the  board  of  trustees  may  exercise  the  same  veto 
powers,  and  with  like  effect,  as  the  mayor  of  a city,  and  the* 
board  of  trustees  may  pass  ordinances  over  such  veto  in  like 
manner  as  a city  council.  [As  amended  by  act  approved  and 
in  force  May  22,  1889.  L.  1889,  p.  84. 

187.  Style  of  ordinances.]  § 10.  The  style  of  ordinances 

passed  in  villages  shall  be  as  follows:  “Be  it  ordained  by  the 

President  and  Board  of  Trustees  of  the  Village  of ,” 

(as  the  case  may  be). 

188.  Appointment  of  officers — prescribe  duties  and  fees.] 

§ 11.  The  president  and  board  of  trustees  may  appoint  a clerk 
pro  tempore , and  whenever  necessary  to  fill  vacancies;  and  may 
also  appoint  a treasurer,  one  or  more  street  commissioners,  a 
village  constable,  and  such  other  officers  as  may  be  necessary 
to  carry  into  effect  the  powers  conferred  upon  villages,  to  pre- 
scribe their  duties  and  fees,  and  require  such  officers  to  exe- 
cute bonds  as  may  be  prescribed  by  ordinance. 

189.  Powers  of  constable.]  § 12.  The  village  constable 
shall  have  the  same  powers  to  make  arrests,  execute  process, 
and  perform  other  official  acts  as  other  constables  under  the 
general  laws  of  the  State,  together  with  such  other  powers  as 
may  be  conferred  on  him  by  ordinance. 


ORGANIZATION  OF  VILLAGES. 


79 


190.  Annual  elections.]  § 13.  An  annual  election  for 

three  trustees,  and  a clerk  of  villages  shall  be  held  on  the  third 
Tuesday  of  April  in  each  year:  Provided,  that  in  villages, 

the  territorial  limits  of  which  coincide  with  the  territorial  lim- 
its of  any  township,  an  election  for  trustees,  and  a clerk  of  vil- 
lages, shall  be  held  at  the  same  time,  and  at  the  same  polling 
places  as  the  annual  township  election,  to-wit:  On  the  first 

Tuesday  of  April  in  each  year.  Special  elections  may  be  held, 
under  such  regulations  as  may  be  provided  by  ordinance,  to 
fill  vacancies,  and  for  other  purposes.  [As  amended  by  act  ap- 
proved and  in  force  March  11,  1881.  L.  1881,  p.  59. 

191.  Suits — jurisdiction — fines,  etc.]  § 14.  Suits  and 

prosecutions  for  the  violations  of  any  village  ordinance  may 

be  prosecuted  in  the  name  of  “The  Village  of ” 

and  justices  of  the  peace  and  police  magistrates  shall  have  juris- 
diction over  such  suits;  and  all  fines  and  money  so  collected 
shall  be  paid  into  the  village  treasury. 

192.  Police  magistrates.]  § 15.  There  may  be  a police 
magistrate  elected  at  a regular  annual  election  in  each  village, 
who  shall  give  bonds,  qualify,  and  have  the  same  jurisdiction 
as  other  justices  of  the  peace,  and  hold  his  office  for  four  years, 
and  until  his  successor  is  .elected  and  qualified.  [See  § 249. 

193.  No  incorporation  allowed  under  former  laws.]  § 16. 

After  the  taking  effect  of  this  act,  no  town  or  city  shall  be- 
come incorporated  under  any  other  general  law  then  in  force 
for  the  incorporation  of  towns  or  cities. 

193a.  Changing  from  city  to  village.]  § 17.  That  it 
shall  be  the  duty  of  the  mayor  and  common  council  of  any  city, 
upon  the  petition  of  one-fourth  of  the  legal  voters  thereof,  and 
upon  ten  days  previous  notice  of  such  application  by  the  city 
clerk  published  in  some  newspaper  printed  in  said  city,  or  by 
posting  such  notices  in  five  of  the  most  public  places  within 
said  city,  for  said  period  in  case  no  such  newspaper  is  printed 
in  said  city,  to  fix  the  time  and  call  an  election  to  decide 
whether  said  city  shall  be  organized  into  a village.  That  said 
election  shall  be  governed  by  the  provisions  of  sections  fifty 
(50),  fkfty-six  (56)  and  fifty-seven  (57)  of  said  act,  and  the 
legal  voters  at  said  election  shall  vote  for  or  against  the  organ- 


80 


STATUTES  RELATING  TO  CITY. 


ization  of  said  city  into  a village,  and  the  tickets  shall  he  writ- 
ten or  printed  “For  Village  Organization ” or  “ Against  Village 
Organization /'  and  if  there  shall  he  a majority  of  the  votes 
cast  at  said  election  in  favor  of  the  organization  of  said  city 
into  a village,  then  said  city  shall  be  a village  within  the  mean- 
ing of  said  act  under  its  former  name  so  changed,  and  shall* 
succeed  to  all  the  rights  and  he  liable  for  all  the  debts  and  legal 
liabilities  of  said  city,  and  the  mayor  of  said  city  shall,  within 
ten  days  after  said  election,  give  notice  of  the  time  and  place 
for  the  election  of  trustees  as  near  as  may  be,  as  provided  for 
under  sections  one  hundred  and  eighty-four  (184)  and  one 
hundred  and  eighty-five  (185)  of  said  act,  who  shall  hold  their 
offices  until  the  next  regular  election.  Provided , that  after  one 
election  shall  have  taken  place,  no  other  election  for  a like  pur- 
pose until  one  year  shall  have  elapsed.  [This  section  added 
to  the  above  act  by  amendment  approved  May  29,  1879.  In 
force  July  1,  1879.  L.  1879,  p.  68. 

AN  ACT  amending- an  act  entitled,  “An  act  to  provide  for  the  incorporation  of 
cities  and  villages,”  approved  April  10, 1872,  in  force  July  1,1872,  and  amend- 
ments thereto,  by  adding  thereto  sections  to  be  numbered  18,  19,  20,  21,  22, 
and  23. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly:  That  Article  XL  of  an  act  entitled,  “An  act  to  provide  for  the 
incorporation  of  cities  and  villages,  ” approved  April  10,1872,  in  force ’July  1,1872, 
and  all  amendments  thereto,  be,  and  the  same  is  hereby,  amended  by  adding 
thereto  the  following  sections,  numbered  18,  19,  20,  21,  22  and  23,  to-wit: 

193b.  By  part  of  village  or  incorporated  town.]  § 18. 

Any  part  of  any  village  or  incorporated  town  in  this  State,  lying 
upon  the  border  thereof,  and  having  a population  of  not  less 
than  three  hundred  (300)  inhabitants,  may  become  organized 
as  a village  under  this  act  in  the  manner  following: 

A petition  shall  be  presented  to  the  judge  of  the  county 
court  of  the  county  wherein  such  village  or  incorporated  town 
is  located,  asking  that  the  question  of  organizing  such  a part  of 
said  village  or  incorporated  town  into  a village  under  this  act 
be  submitted  to  the  legal  voters  of  the  said  cit}q  village  or  in- 
corporated town. 

Such  petition  shall  clearly  define  the  boundary  of  the  terri- 
tory proposed  to  be  organized  as  a village  under  this  act,  shall 
state  the  population  thereof,  and  the  name  proposed  for  the  vil- 
lage to  be  organized  therefrom,  and  shall  be  signed  by  not  less 
than  thirty  (30)  of  the  legal  voters  residing  within  the  limits 
of  the  territory  proposed  to  be  organized  into  a village  under 


ORGANIZATION  OF  VILLAGES. 


81 


this  act,  providing  that  if  the  votes  cast  by  the  voters  resid- 
ing within  the  limits  of  said  territory  at  the  last  preceding 
election  numbered  more  than  three  hundred  (300),  then  in  that 
case  the  petition  shall  be  signed  by  legal  voters  residing  within 
the  said  territory,  numbering  not  less  than  one-tenth  of  the 
number  of  votes  cast  within  said  territory  at  the  last  preceding 
general  or  municipal  election. 

Thereupon  said  judge  of  the  county  court  shall  cause  to  be 
submitted  to  the  voters  of  such  village  or  incorporated  town, 
at  an  election  to  be  held  therein,  the  question  of  organizing  the 
territory  described  in  said  petition  into  a village  under  this  act. 
Such  question  may  be  submitted  at  either  a special  election 
called  for  the  purpose,  or  at  any  municipal  election,  or  at  any 
general  election;  and  notice  of  said  election  shall  be  given  by 
causing  notice  to  be  published  in  at  least  one  newspaper  in  said 
county  within  which  said  village  or  incoporated  town  may  be, 
at  least  fifteen  days  before  said  election,  by  the  clerk  of  the 
county  court:  Provided , that  no  petition  shall  be  valid  for  or- 

ganizing a village  from  part  of  a village  or  incorporated  town, 
if  the  territory  remaining  in  the  old  village  on  incorporated 
town  shall  be  less  than  four  (4)  square  miles,  or  have  a popula- 
tion of  less  than  three  hundred  (300)  inhabitants.  [This  sec- 
tion added  by  amendment  approved  April  8,  1901.  In  force 
July  1,  1901. 

193c.  By  elections — how  conducted — ballot.]  § 19.  In 

all  cases  where  the  territory  affected  by  the  proposed  election 
shall  be  under  the  city  election  law,  and  shall  lie  within  the 
jurisdiction  of  any  board  of  election  commissioners,  as  pro- 
vided by  the  act  entitled,  "An  act  regulating  the  holding  of 
elections  and  declaring  the  result  thereof  in  cities,  villages  and 
incorporated  towns  of  this  State,”  approved  June  19,  1885,  in 
force  July  1,  1885,  such  election  and  all  municipal,  county, 
state  or  general  elections  that  may  be  held  in  such  territory 
prior  to  the  qualification  of  the  village  officials  of  the  village 
proposed  to  be  formed  under  this  act  shall  be  conducted  by  such 
board  of  election  commissioners  in  conformity  with  the  provis- 
ions of  said  act  and  all  amendments  thereto. 

But  where  such  territory  is  not  within  the  jurisdiction  of 
such  board  of  election  commissioners,  the  said  election  shall 


82 


STATUTES  RELATING  TO  CITY. 


be  conducted  in  the  manner  provided  by  law  for  the  conduct- 
ing of  other  municipal  elections  within  said  territory,  and  each 
qualified  voter  resident  within  such  village  or  incorporated  town 
shall  have  the  right  to  cast  a ballot  at  such  election  “for  vil- 
lage organization  under  the  general  law”  or  “against  village 
organization  under  the  general  law”  of  the  territory  proposed 
to  be  organized  as  a village  under  this  act. 

If  the  boundaries  of  the  territory  proposed  to  be  organized 
into  a village  under  this  act  intersect  election  precincts,  then, 
in  those  precincis  so  intersected,  an  additional  ballot  box  shall 
be  provided,  into  which  shall  be  deposited  only  the  ballots  of 
the  voters  residing  within  the  limits  of  the  territory  so  sought  to 
be  organized  into  a village  under  this  act. 

The  ballots  cast  at  such  elections  shall  be  received,  canvassed 
and  returned  the  same  as  ballots  for  municipal  officers  of  such 
city,  village  or  incorporated  town.  [This  section  added  by 
amendment  approved  April  8,  1901.  In  force  July  1,  1901. 

193d.  When  subsequent  election  may  be  held.]  § 20.  Xo 

election  on  the  same  question  and  including  territory  within 
the  same  boundaries  shall  be  had  after  one  election  thereon,  un- 
til one  year  shall  have  elapsed. 

Two  or  more  petitions,  each  being  for  wholly  different  terri- 
tory may  be  acted  upon,  and  the  questions  proposed  in  said  pe- 
titions may  be  submitted  to  vote  at  the  same  time.  And  in  de- 
termining the  results  of  such  simultaneous  elections,  the  vote 
on  each  question  submitted  shall  be  counted  and  given  effect 
the  same  as  though  it  was  the  only  question  voted  upon. 

If  two  or  more  petitions  are  presented  embracing  in  part  the 
same  territory,  then  the  one  first  presented  shall  be  submitted 
to  vote,  as  above  provided,  and  if  that  is  carried,  the  other  pe- 
titions shall  not  be  submitted  at  all;  but  if  the  first  is  voted 
down,  then  the  petition  next  presented  shall  be  submitted,  and 
so  on,  until  one  has  been  carried,  or  all  have  been  voted  upon. 
[This  section  added  by  amendment  approved  April  8,  1901.  In 
force  July  1,  1901. 

193e.  When  such  territory  shall  become  a village.]  § 21. 

Where  it  shall  appear  that  the  majority  of  the  voters  in  such 
village  or  incorporated  town,  as  well  as  a majority  of  the  voters 


ORGANIZATION  OF  VILLAGES. 


83 


residing  within  the  limits  of  the  territory  proposed  to  be  organ- 
ized under  this  act  as  a village,  so  voting  npon  the  question 
vote  for  said  organization  under  this  act,  thereupon  such  terri- 
tory shall  become  a village  under  this  act,  under  the  name  spec- 
ified in  said  petition,  upon  the  election  and  qualification  of  of- 
ficers, as  provided  in  the  next  section.  [This  section  added  by 
amendment  April  8,  1901.  In  force  July  1,  1901. 

193f.  Election  of  officers.]  § 22.  In  all  cases  where  the 
proposition  for  the  organization  of  such  a village  under  this  act 
has  been  adopted,  village  officers  shall  thereupon  be  elected  in 
the  manner  prescribed,  by  law  in  case  of  newly  organized  vil- 
lages, and  until  such  officers  are  elected  and  qualified  the  of- 
ficers of  the  village  or  incorporated  town  shall  continue  juris- 
diction over  said  territory. 

Upon  the  election  and  qualification  of  the  officers  of  the  new 
village  formed  under  this  act,  the  terms  of  all  officers  of  the 
village  or  incorporated  town  held  by  the  residents  of  the  said 
new  village  under  this  act,  who  continue  to  reside  in  said  new 
village,  shall  thereupon  be  terminated,  and  the  occupants  of 
such  offices  shall  cease  to  act  upon  their  successors  being  duly 
elected  or  appointed.  [This  section  added  by  amendment  ap- 
proved April  8,  1901.  In  force  July  1,  1901. 

193g.  Certain  sections  applicable — when  such  new  village 
considered  incorporated.]  § 23.  Sections  eight  (8)  to  eigh- 
teen (18),  both  inclusive,  and  section  twenty  (20)  of  an  act 
entitled,  “An  act  to  provide  for  the  annexation  of  cities,  incor- 
porated towns  and  villages,  or  parts  of  same,  to  cities,  incor- 
porated towns  and  villages,”  approved  and  in  force  April  25, 
1889,  and  all  amendments  thereto,  shall  be  applicable  and  govern 
in  all  matters  affecting  the  interests,  status,  properties,  divis- 
ion, distribution,  and  settlement  of  the  matters  and  things  men- 
tioned in  said  act,  so  far  as  the  provisions  of  said  act  are  appli- 
cable and  are  not  in  conflict  with  the  provisions  of  the  forego- 
ing sections  of  this  act.  And  in  the  application  of  the  pro- 
visions of  the  said  act  and  of  the  amendments  thereof,  the  said 
new  village  shall  be  considered  as  a village  or  incorporated  town 
to  which  territory  is  annexed,  and  the  old  village  or  incorporated 
town  from  which  said  new  village  is  formed  shall  be  considered 


84 


STATUTES  RELATING  TO  CITY. 


ns  a village  or  incorporated  town  from  which  territory  is  taken. 

[ This  section  added  l>y  amendment  approved  April  8,  1901.  In 
force  July  1,  1901. 

ANNEXING  AND  EXCLUDING  TERRITORY. 

AN  ACT  to  provide  for  annexing  and  excluding  territory  to  and  from  cities, 
towns  and  villages,  and  to  unite  cities,  towns  and  villages.  [Approved  April 
10,  1872.  In  force  Julv  1,  1872.  L.  1871-2, p.  264. J Amended  by  act  approved 
May  10,  1901.  In  foice  July  1,  1901. 

195.  Petition  to  be  annexed — vote  of  people — annexing.] 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois, 
represented  in  the  General  Assembly,  That  on  petition,  in  writ- 
ing, signed  by  a majority  of  the  legal  voters,  and  by  a majority 
of  the  property  owners,  in  any  territory  contiguous  to  any  city 
or  incorporated  village  or  town,  and  not  embraced  within  its 
limits,  the  city  council  or  board  of  trustees  of  said  village,  city 
or  town  (as  the  case  may  be)  shall  submit  to  a vote  of  the  peo- 
ple of  said  city,  village  or  town  (as  the  case  may  be),  at  its 
next  regular  election,  or  a special  election  to  be  called  within 
sixty  (60)  days  after  said  petition  is  presented,  the  question 
of  the  annexation  of  such  proposed  territory.  Provided,  how- 
ever, that  where  the  said  petition  shall  be  presented  within 
ninety  (90)  days  prior  to  a regular  election,  no  special  election 
shall  be  called.  In  case  the  question  of  such  annexation  shall 
receive  a majority  of  all  the  votes  cast  at  said  election  in  favor 
thereof,  the  city  council  or  board  of  trustees  of  said  city,  vil- 
lage or  town  (as  the  case  may  be),  shall,  within  ninety  days 
thereof,  by  ordinance,  annex  such  territory  to  such  city,  village 
or  town,  upon  filing  a copy  of  such  ordinance,  with  an  accurate 
map  of  the  territory  annexed  (duly  certified  by  the  mayor  of  the 
city  or  president  of  the  board  of  trustees  of  the  village  or  town) 
in  the  office  of  the  recorder  of  deeds  in  the  county  where  the 
annexed  territor}^  is  situated,  and  having  the  same  recorded 
therein:  Provided,  that  no  portion  less  than  the  whole  of  an 

incorporated  city,  town  or  village  shall  be  annexed  to  another 
incorporated  city,  town  or  village,  except  in  the  mode  provided 
in  this  act  for  the  annexation  of  the  whole  of  an  incorporated 
city,  town  or  village  to  another  city,  town  or  village.  [As 
amended  by  act  approved  May  10,  1901.  In  force  July  1,  1901. 

196.  Annexing  one  corporation  to  another.]  § 2.  Any 

incorporated  cit}q  village  or  town  may  be  annexed  to  another 


ANNEXING  AND  EXCLUDING  TERRITORY. 


85 


incorporated  city,  village  or  town,  by  ordinance  passed  by  a 
two-thirds  vote  of  all  the  aldermen  or  trustees  elect  of  each 
corporation  desiring  annexation:  Provided,  such  annexation 

shall  not  affect  or  impair  any  rights  or  liabilities  either  in 
favor  of  or  against  such  corporations;  and  suits  founded  upon 
such  rights  and  liabilities  may  be  commenced,  and  pend- 
ing suits  may  be  prosecuted  and  earned  to  final  judgments 
and  execution,  the  same  as  if  such  annexation  had  not  taken 
place.  In  making  such  annexation,  the  corporations  so  unit- 
ing may,  by  ordinance,  fix  the  terms  of  the  annexation, 
which  shall  have  the  force  and  effect  of  a binding  con- 
tract: Provided , however,  that  no  such  ordinance  shall 
be  of  any  binding  force  or  effect  until  submitted  to  a 
vote  of  the  legal  voters  of  such  city,  town  or  village,  at  a gen- 
eral election  thereof,  and  adopted  by1  a majority  of  all  the  voters 
voting  thereon  at  such  election,  notice  of  which  shall  be  given 
at  the  same  time  and  in  the  same  manner  as  required  for  the 
election  of  the  officers  of  such  city,  town  or  village:  And,  pro- 

vided, also,  that  the  vote  shall  be  by  ballot,  which  shall  be  “for 
union  ordinance,”  or  “against  union  ordinance,”  and  shall  be 
received,  canvassed  and  returned  the  same  as  ballots  for  munic- 
ipal officers  of  such  city,  town  or  village. 

197.  Proceedings  by  corporation  to  annex  territory.] 

§ 3.  When  any  incorporated  city,  village  or  town  shall  desire  to 
annex  any  contiguous  territory  thereto,  and  the  same  shall-  not 
have  been  petitioned  for  as  provided  in  section  one  of  this  ar- 
ticle, it  shall  be  lawful  for  the  city  council  or  board  of  trus- 
tees of  such  city,  village  or  town,  by  a two-thirds  vote  of  all  the 
aldermen  or  trustees  elect,  by  ordinance  or  resolution,  to  au- 
thorize the  mayor  of  such  city  or  the  president  of  the  board  of 
trustees  of  such  village  or  town,  to  petition  the  circuit  court 
of  the  county  in  which  the  territory  desired  to  be  annexed  or  a 
major  part  thereof  is,  situated,  praying  such  annexation  to  be 
made.  The  petition  shall  contain  a copy  of  such  ordinance  or 
resolution,  and  an  accurate  map  of  the  territory  which  it  is  de- 
sired to  annex,  showing  all  such  subdivisions  that  shall  have 
been  made  therein.  Such  petition  shall  be  filed  with  the  clerk 
of  the  court  at  least  ten  days  before  the  first  day  of  the  term 
at  which  it  is  proposed  to  be  heard : Provided,  that  nothing  in 


8 G 


STATUTES  RELATING  TO  CITY. 


this  section  contained  shall  authorize  said  petition  to  be  filed  un- 
less the  territory  so  sought  to  be  annexed  (except  territory  inter- 
vening between  a city  and  town,  or  two  or  more  cities  or  towns, 
desiring  to  become  united  under  this  act),  shall  contain  an  actual 
resident  population  of  at  least  one  hundred  and  fifty  inhabi- 
tants to  each  section  or  fractional  part  of  a section  so  sought 
to  be  annexed — which  said  fact  shall  be  alleged  in  said  petition 
and  proved  on  the  hearing  thereof,  the  same  as  any  other  alle- 
gation in  said  petition.  [City  of  Galesburg  v.  Hawkinson,  75 
111.,  152. 

198.  Notice  of  proceedings.]  § 4.  When  it  shall  be  de- 
termined to  present  such  petition,  the  mayor  or  president  of  the 
board  of  trustees  (as  the  case  may  be)  shall  cause  notice  of  the 
time  and  place  where  and  when  the  petition  will  be  or  has  been 
filed,  and  at  what  term  of  court  the  hearing  thereof  will  be  had, 
and  setting  forth  the  boundaries  or  a general  description  of  the 
territory  proposed  to  be  annexed — to  be  given  by  publication  at 
least  once  in  each  week  for  two  successive  weeks,  in  some  news- 
paper published  in  the  county  where  the  petition  is  filed  or  to 
be  filed  (or,  if  no  newspaper  is  published  in  such  county,  then 
in  the  nearest  newspaper  published  in  this  State),  and  by  post- 
ing up  notices  at  least  fourteen  days  before  such  time  of  hear- 
ing, in  at  least  three  of  the  most  public  places  in  the  territory 
proposed  to  be  annexed,  and  a like  number  in  the  city,  village 
or  town  to  which  it  is  desired  to  annex  such  territory. 

199.  Objections  to  annexation — trial.]  § 5.  The  legal 

vQters  resident  upon  the  territory  thus  proposed  to  be  annexed, 
or  any  of  them,  or  any  owner  of  land  therein,  or  any  voter  of 
such  city,  village  or  town,  may  appear  at  such  hearing  and  show 
cause  why  such  annexation  should  not  be  made;  and  the  court, 
or  a jury  impaneled  for  that  purpose  (no  member  of  the  jury 
so  impaneled  shall  be  a resident  of  the  corporation  or  territory 
to  be  annexed,  nor  of  the  town  or  towns  in  which  said  corpora- 
tion or  territory  may  be  situated),  shall  hear  all  competent  evi- 
dence that  may  be  offered  by  either  party;  and  the  court  may 
continue  the  hearing  from  time  to  time,  for  any  cause,  and  make 
all  proper  orders  in  regard  to  the  hearing,  giving  of  notices 
and  other  disposition  of  the  case. 


ANNEXING  AND  EXCLUDING  TERRITORY. 


87 


200.  Finding* — costs,  etc.]  § 6.  If,  upon  the  hearing,  the 

court  or  the  jury  shall  find  that  such  territory  ought  to  be  an- 
nexed to  such  city,  village  or  town,  and  can  be  so  done  without 
injustice  to  the  inhabitants  or  persons  interested,  the  court  shall 
so  order.  If  the  court  or  jury  shall  find  against  the  petitioners, 
the  petition  shall  be  dismissed  at  the  • cost  of  the  petitioners ; 
and  no  subsequent  petition  shall  be  presented  for  the  an- 
nexation of  any  of  the  territory  embraced  in  such  petition, 
within  one  year  from  the  time  of  entering  such  order:  Pro- 

vided, that  new  trials  may  be  granted  as  in  other  jury  cases. 

201.  Proceedings  by  owner  to  be  annexed.]  § 7.  When 

not  less  than  a majority  in  number  of  the  legal  voters  or  the 
owner  or  owners  of  any  tract  or  tracts  of  land,  contiguous  to 
any  incorporated  city,  village  or  town,  shall,  by  petition,  in 
writing,  signed  by  them,  and  filed  in  the  circuit  court  of  the 
county  where  such  territory  or  a major  part  thereof  is  situated, 
pray  to  be  annexed  to  such  city,  village  or  town,  the  like  pro- 
ceedings may  be  had  thereon,  and  with  the  like  effect,  as  in  case 
of  a petition  by  a city,  village  or  town:  Provided , a copy  of 

the  notice  required  to  be  given  shall  he  left  with  the  mayor  of 
such  city,  or  president  of  such  village  or  town,  at  least  ten  days 
before  such  petition  is  heard. 

202.  Proceedings  to  disconnect.]  § 8.  Whenever  a ma- 

jority of  the  legal  voters  of  any  territory  within  any  city,  town 
or  village,  and  being  upon  the  border  and  within  the  boundary 
thereof,  shall  petition  the  circuit  court  of  the  county  in  which 
such  city,  town  or  village  is  situated,  praying  to  be  disconnected 
therefrom,  such  petition  shall  be  filed  with  the  clerk  of  the  court 
at  least  ten  days  before  the  first  day  of  the  term  at  which  it  is 
proposed  to  be  heard,  and  like  proceeding  shall-  be  had  as  is 
required  by  sections  four,  five  and  six  of  the  act  for  the  annex- 
ation of  territory  to  such  city,  town  or  village : Provided,  that 

the  provisions  of  this  section  shall  only  apply  to  lands  not  laid 
out  into  city  or  town  lots  or  blocks. 

203.  Map  and  ordinance  recorded.]  § 9.  When  any  ter- 
ritory is  annexed  to  any  city,  village  or  town,  as  provided  in  this 
act,  it  shall  be  the  duty  of  the  mayor  of  the  city,  or  the  pres- 
ident of  the  board  of  trustees  of  the  village  or  town  (as  the 


88 


STATUTES  RELATING  TO  CITY. 


cuso  may  bo),  to  cause  an  accurate  map  of  such  added  territory, 
together  with  the  ordinance  for  the  annexation,  certified  by  such 
mayor,  and  if  a decree  or  order  of  the  court  has  been  made 
therefor,  a copy  of  the  same,  td  be  filed  for  record  and  recorded 
in  the  recorder’s  office  for  the  county  in  which  such  added  ter- 
ritory is  situated.  If  territory  is  disconnected  or  excluded  from 
any  city,  village  or  town,  a copy  of  the  ordinance  or  decree 
therefor  shall  be  so  filed  for  record  and  recorded. 

204.  School  districts.]  § 10.  All  school  districts,  and 
other  corporations  incorporated  for  school  purposes,  under  spe- 
cial acts  of  the  legislature,  desiring  to  annex  or  disannex  ter- 
ritory, may  proceed  under  the  provisions  of  this  act.  [See 
“Schools,”  ch.  122,  § 33. 

205.  Judicial  notice.]  §11.  All  courts  in  this  State  shall 
take  judicial  notice  of  cities,  towns  and  villages,  and  of  the 
changes  of  their  territory,  made  under  the  provisions  of  this* 
act. 

DISCONNECTION  OF  TERRITORY. 

AN  ACT  in  relation  to  the  disconnection  of  territory  from  cities  and  villages,  and 

to  repeal  an  act  therein  named.  [Approved  and  in  force  May  10,  1901.] 

206.  Disconnecting  territory.]  § 1.  Be  it  enacted  by  the 
people  of  the  State  of  Illinois , represented  in  the  General 
Assembly,  That  whenever  the  owners  representing  a majority 
of  the  area  of  land  of  any  territory  within  any  city  or  village, 
and  being  upon  the  border  and  within  the  boundaries  thereof, 
not  laid  out  into  city  or  village  lots  or  blocks,  shall  petition  the 
city  council  of  such  city,  or  the  trustees  of  such  village,  pray- 
ing the  disconnection  of  such  territory  therefrom,  such  petition 
shall  be  filed  .with  the  city  clerk  of  such  city,  or  the  president 
of  the  trustees  of  such  village,  accompanied  with  the  certifi- 
cate of  the  county  clerk  showing  that  all  city  taxes  or  assess- 
ments due  up  to  the  time  of  presenting  such  petition  are  fully 
paid,  at  least  30  days  before  the  meeting  of  such  city  council  or 
trustees  at  which  it  is  proposed  to  present  such  petition,  and  the 
city  clerk  of  such  city  or  president  of  the  trustees  of  such  vil- 
lage, shall  present  such  petition  to  the  city  council  or  trustees, 
as  the  case  may  be,  and  upon  such  presentation  the  city  coun- 
cil of  such  city  or  trustees  of  such  village  may,  in  the  discre- 


DISCONNECTION  OF  TERRITORY. 


89 


tion  of  such  city  council  or  trustees  of  such  Tillage,  by  ordinance, 
to  be  passed  by  a majority  of  the  members  elected  to  such  city 
council  or  board  of  trustees,  disconnect  the  territory  described 
in  such  petition  from  such  city  or  village : Provided , however, 

that  the  territory  so  disconnected  shall  not  thereby  be  exempted 
from  taxation  for  the  purpose  of  paying  any  indebtedness  con- 
tracted by  the  corporate  authorities  of  such  city  or  village  while 
such  territory  was  within  the  limits  thereof,  and  remaining 
unpaid,  but  the  same  shall  be  assessed  and  taxed  for  the  pur- 
pose of  paying  such  indebtedness  the  same  as  if  such  territory 
had  not  been  disconnected  until  such  indebtedness  is  fully  paid. 

207.  Ordinance  recorded.]  § 2.  A copy  of  the  ordinance 
disconnecting  the  territory  from  any  city  or  village,  certified  by  • 
the  clerk  of  such  city,  or  president  of  the  trustees  of  such  vil- 
lage, shall  be  filed  for  record  and  recorded  in  the  recorder’s  of- 
fice of  the  county  in  which  such  disconnected  territory  is  sit- 
uated, and  a copy  of  such  ordinance  so  certified  shall  be  filed 
with  the  clerk  of  the  county  court  of  the  county  in  which  such 
disconnected  territory  is  situated. 

208.  Judicial  notice.]  § 3.  All  courts  in  this  State  shall 
take  judicial  notice  of  cities  and  villages'  and  the  changes  made 
in  their  territory  under  this  act. 

209.  What  property  act  applies.]  § 4.  This  act  shall  ap- 
ply to  and  affect  all  cases  where  property  has  not  been  discon- 
nected by  such  city  council  or  trustees  of  such  village,  whether 
application  has  been  made  for  disconnection  or  not. 

210.  Repeal.]  § 5.  An  act  in  relation  to  the  disconnec- 
tion of  territory  from  cities  and  villages,  approved  and  in  force 
May  29,  1879,  and  all  other  acts  and  parts  of  acts  in  conflict 
with  this  act  are  hereby  repealed. 

210y2.  Emergency.]  § 6.  Whereas,  An  emergency  ex- 
ists, therefore  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


—5 


90 


STATUTES  RELATING  TO  CITY. 


DIVISION  OF  INCORPORATED  TOWNS. 

AN  ACT  to  provide  for  the  division  of  incorporated  towns.  [Approved  June  13. 

1891.  In  force  July  1,  1891.  Laws  1891.  p.  71. 

210a.  Manner  of  disconnecting — election — notice — election 
of  officers.]  § 1.  Be  it  enacted  by  the  People  of  the  State 
of  Illinois , represented  in  the  General  Assembly,  That  any 
portion  of  an  incorporated  town,  such  portion  having  an  area 
of  not  less  than  one  square  mile  and  a resident  population  of 
not  less  than  1,000,  and  lying  upon  the  border  and  within  the 
boundary  of  such  incorporated  town,  may  be  disconnected  from 
such  town  as  a separate  town  in  manner  following,  that  is  to  say : 

A petition  shall  be  presented  to  the  county  judge  of  the  county 
. in  which  such  incorporated  town  is  situated,  asking  that  the 
question  of  disconnection  be  submitted  to  the  legal  voters  of 
such  town.  Such  petition  shall  clearly  define  the  boundary  of 
such  territory  sought  to  be  so  disconnected;  shall  state  the  pop- 
ulation thereof  and  the  name  proposed  for  the  town  to  be  or- 
ganized therefrom,  and  shall  be  signed  by  not  less  than  100  of 
the  legal  voters  residing  within  the  limits  of  the  territory  sought 
to  be  disconnected,  unless  the  votes  cast  by  the  voters  residing 
within  the  limits  of  such  territory  at  the  last  preceding  elec- 
tion numbered  less  than  500,  in  which  case  the  petition  shall 
be  signed  by  one-fifth  of  the  legal  voters  residing  within  the 
limits  of  such  territory;  and  thereupon  the  said  county  judge 
shall  cause  to  be  submitted  the  question  of  disconnection  to  the 
voters  of  such  incorporated  town  at  an  election  to  be  held  in 
such  incorporated  town;  such  question  shall  be  submitted  at 
the  next  succeeding  general  or  municipal  election,  provided  such 
general  or  municipal  election  shall  be  holden  at  a time  not  less 
than  20  days  or  more  than  60  days  after  the  presentation  of  said 
petition  to  said  county  judge.  In  case  the  next  succeeding 
general  or  municipal  election  shall  be  holden  at  a time  within 
20  days  or  more  than  60  days  after  the  presentation  of  said  pe- 
tition as  aforesaid,  then  the  said  county  judge  shall  order  a spe- 
cial election  to  be  holden  in  said  town  after  the  manner  of  hold- 
ing town  elections  at  a time  not  more  than  30  days  after  the 
presentation  of  said  petition.  Notice  of  the  election  hereby 
required  shall  be  given  by  causing  notices  thereof  to  be  published 
in  at  least  one  newspaper  published  in  said  county  within  which 


DIVISION  OF  INCORPORATED  TOWNS. 


91 


said  incorporated  town  may  be,  at  least  15  days  before  such  elec- 
tion by  the  clerk  of  the  county  court.  The  ballots  cast  at  such 
election  to  be  written  or  printed  or  partly  written  and  partly 
printed  “for  disconnection  of”  (here  set  out  the  limits  of  the 
territory  sought  to  be  disconnected)  or  “against  disconnection 
of"  (here  set  out  the  limits  of  the  territory  sought  to  be  discon- 
nected) respectively,  to  be  received,  canvassed  and  returned  the 
same  as  ballots  for  municipal  officers  of  such  incorporated  town, 
and  the  officers  who  are  charged  by  law  with  the  duty  of  can- 
vassing such  votes,  shall  ascertain  the  exact  residence  of  each 
voter,  voting  at  such  election,  either  from  the  books  of  registra- 
tion or  from  the  oath  or  affirmation  of  such  voter,  and  in  elec- 
tion precincts  which  are  intersected  by  the  boundaries  of  the 
territory  sought  to  be  disconnected,  the  judge  of  election  shall 
procure  an  additional  ballot  box  in  which  shall  be  deposited  only 
the  ballots  of  voters  residing  within  the  limits  of  the  territory  so 
sought  to  be  disconnected,  and  shall  file  or  cause  to  be  filed  with 
the  clerk  of  the  county  court  of  such  county  a 'certificate  of 
such  canvass  immediately  upon  ascertaining  the  result  thereof, 
in  which  certificate  such  officers  shall  state,  as  well  as  the  re- 
sults of  the  entire  vote  as  canvassed  by  them,  the  number  of 
votes  cast  by  the  voters  residing  within  the  limits  of  the  terri- 
tory so  sought  to  be  disconnected,  and  the  number  of  votes  for 
and  the  number  of  votes  against  the  question  so  submitted  as 
cast  by  such  voters;  and  if  it  shall  appear  that  the  majority  of 
the  voters  of  such  incorporated  town  as  well  as  a majority  of  the 
voters  residing  within  the  limits  of  the  territory  sought  to  be  dis- 
connected>  so  voting  upon  the  question  of  division  at  such  election 
vote  for  disconnection,  thereupon  such  territory  shall  become  dis- 
connected and  wholly  separated  from  such  town,  both  as  an  in- 
corporated town  and  as  a town  under  the  township  organization 
laws,  and  shall  constitute  a duly  organized  town  under  the  name 
proposed  in  the  aforesaid  petition  under  the  general  township  or- 
ganization laws,  and  the  jurisdiction  of  the  corporate  authori- 
ties of  the  town  from  which  such  territory  shall  be  taken  shall 
continue  over  such  new  town  until  proper  township  officers  of 
such  new  town  shall  be  elected  and  qualified  under  the  provis- 
ions of  this  act;  and  the  county  judge  shall  forthwith  call  and 
fix  the  time  and  place  of  an  election  to  elect  town  officers,  and 


STATUTES  It  ELATING  TO  CITY. 


92 


cause  notices  thereof  to  be  posted  or  published,  and  perform  all 
other  acts  in  reference  to  such  election  in  like  manner  as  nearly 
as  may  be,  as  he  is  required  to  perform  in  reference  to  the  election 
of  oflicers  in  newly  organized  cities ; but  the  term  of  such  officers- 
elected  at  such  election  shall  terminate  as  soon  as  their  suc- 
cessors are  elected  and  qualified  at  the  regular  annual  election. 

210b.  When  more  than  one  petition  presented.]  § 2.  If 

more  than  one  petition  be  presented  to  the  county  judge  as  de- 
scribed in  this  act  for  the  disconnection  of  the  same  territory 
included  within  different  boundaries,  the  judge  of  said  county 
shall  submit  such  question  as  petitioned  for  in  the  first  petition 
presented  to  him,  and  shall  suspend  action  upon  such  other  pe- 
tition or  petitions  until  the  question  first  submitted  shall  be  de- 
termined by  election  as  aforesaid. 

210c.  When  division  not  to  affect  assessment.]  § 3.  When- 
ever an}r  incorporated  town  shall  be  divided  under  the  provis- 
ions of  this  act,  after  the  making  out  of  the  assessor’s  books  in 
any  year,  such  division  shall  not  in  any  manner  affect  the  as- 
sesment  or  collection  of  the  taxes  assessable  and  collectible  in 
that  year,  but  the  same  may  be  assessed  and  collected  in  the  same 
manner  and  by  the  same  officers  as  if  no  division  or  alteration 
had  taken  place. 

210d.  New  town — vesting  property.]  § 4.  Whenever  any 
portion  of  any  incorporated  town  shall  be  disconnected  from 
such  town  and  organized  as  a separate  town  under  the  pro- 
visions of  this  act,  such  new  town  shall  become  vested  with  the 
title  and  ownership  of  all  property  belonging  to  such  incorpo- 
rated town  lying  wholly  therein,  to  be  held  for  the  use  and  ben- 
efit of  such  new  town. 

210e.  Manner  of  division  of  property  and  indebtedness.] 

§ 5.  Such  new  town  shall  assume  and  pay  its  proportionate 
share  of  any  indebtedness  of  such  incorporated  town  accord- 
ing to  the  taxable  property  in  such  new  town;  the  amount  of 
said  indebtedness  to  be  paid  by  said  newly  organized  town  shall 
be  determined  and  agreed  upon  by  the  corporate  authorities  of 
the  said  newly  organized  town  and  of  the  original  town  from 
which  such  territory  is  taken,  in  such  manner  as  they  shall  elect. 


DIVISION  OF  INCORPORATED  TOWNS. 


93 


If  they  can  not  agree,  then  the  matter  shall  be  determined  by 
the  circuit  court  of  the  county  in  which  such  towns  may  be,  by 
petition  of  either  town  or  of  any  taxpayer  of  either  town.  The 
court  shall  hear  and  determine  the  matter  in  a summary  way 
without  pleadings,  and  shall  pronounce  judgment  as  the  right 
and  equity  of  the  matter  shall  demand.  If  the  respective  cor- 
porate authority  shall  agree  as  to  the  amount  to  be  paid  by  each 
town,  then  each  shall  pass  an  ordinance  or  a resolution  recit- 
ing the  amount  thereof  to  be  paid,  a copy  of  which  said  ordi- 
nance shall  be  duly  certified  by  the  clerk  of  each  town  and  filed 
with  the  county  clerk  of  the  county  wherein  such  towns  may 
lie,  and  by  him  certified  to  the  State  Auditor  of  Public  Ac- 
counts, and  which  said  ordinance  or  resolution  shall  be  final  and 
conclusive  in  all  proceedings  as  to  the  amount  of  indebtedness 
so  to  be  paid.  If  a judgment  or  decree  shall  be  entered  by  the 
circuit  court  or  county  court,  as  hereby  provided,  then  a certi- 
fied copy  thereof  shall  be  made  by  the  clerk  of  said  court  and 
filed  with  the  clerk  of  each  of  said  towns  and  with  the  county 
clerk,  and  by  the  county  clerk  certified  to  the  State  Auditor  of 
Public  Accounts,  and  such  judgment  shall  be  final  and  conclu- 
sive in  all  proceedings  as  to  the  amount  of  indebtedness  to  be 
paid  by  each  town.  The  State  Auditor  shall  thereafter  certify 
the  proportion  or  rate  per  centum  to  the  county  clerk,  and  the 
county  clerk  shall  thereafter  extend  such  proportion  or  rate 
per  centum  upon  the  taxable  property,  of  both  the  original  town 
and  such  new  town,  for  the  payment  of  any  bonds  or  interest 
thereon  so  issued  by  such  incorporated  town,  so  that  each  town 
shall  pay  its  just  share  and  proportion  as  agreed  upon,  or  as  ad- 
judged by  the  court.  Such  new  town  shall  be  entitled  to  its 
proportionate  share  of  all  public  property,  according  to  the 
amount  of  taxable  property  within  such  new  town,  and  shall 
be  charged  therewith  in  a division  of  the  public  property  of 
such  dismembered  incorporated  town,  and  the  original  town,  as 
divided,  shall  be  charged  with  all  the  public  property  within 
its  territory,  and  all  the  public  funds  in  the  hands  of  the  cor- 
porate authorities,  such  division  to  be  agreed  upon  by  the  same 
authorities,  or  settled  by  the  court  in  the  same  manner  and  upon 
the  same  basis  as  above  provided  for  in  dividing  the  indebted- 
ness, of  said  dismembered  incorporated  town. 


94 


STATUTES  RELATING  TO  CITY. 


210f.  Division — annual  tax  levy — pro  rata  share.]  § G. 

When  an  incorporated  town  shall  be  divided  as  above  prescribed, 
and  before  such  division  the  municipal  authorities  of  said  in- 
corporated town  had  made  an  annual  tax  levy,  then  in  such  case 
there  shall  be  paid  over  to  the  treasurer  of  the  new  town  the 
pro  rata  share  paid  by  such  disconnected  territory,  of  said  ta>: 
levy  for  said  year,  according  to  the  taxable  property  therein  as 
the  same  existed  immediately  before  such  division,  and  charg- 
ing such  territory  its  proportionate  share  for  the  expired  part 
of  the  fiscal  year. 

210g.  Proceedings  commence  before  division  for  improving 
street — how  carried  on.]  § 7.  When  any  portion  of  an  in- 
corporated town  is  disconnected  therefrom  under  the  provisions 
of  this  act,  and  prior  to  such  division  proceedings  had  been  in- 
stituted for  the  purpose  of  improving,  any  streets  within  such 
detached  portion  by  special  assessment  or  special  tax,  then  in 
such  case  such  proceedings  may  be  carried  to  a finalty  whether 
the  whole  improvement  be  within  the  detached  portion  or  not. 
If  the  whole  improvement  is  to  be  made  within  the  detached 
portion,  then  the  amount  collected  by  such  proceedings  shall 
be  paid  over  to  such  new  town  to  be  used  by  such  town  for  the 
purpose  for  which  such  proceedings  were  instituted.  If  only 
a part  of  such  improvement  is  to  be  made  within  the  detached 
territory,  then  such  original  town  may  proceed  with  the  same  as 
though  such  division  had  not  taken  place.  When  any  portion 
of  any  incorporated  town  shall  be  disconnected  under  the  pro- 
visions of  this  act,  then  in  that  case  any  proceedings  instituted 
for  the  purpose  of  taking  land  for  the  purpose  of  opening  any 
street  or  alley  or  other  public  way  within  the  territory  so  dis- 
connected shall  not  be  arrested  or  stayed,  but  the  same  may  pro- 
ceed to  a finalty  if  the  new  town  so  elect,  and  all  moneys  received 
from  any  special  assessment  or  tax  levied  or  assessed  for  such 
purpose  shall  be  paid  over  to  the  said  new  town  to  be  used  by 
it  for  the  purposes  for  which  the  same  was  collected,  such  pro- 
ceedings to  be  continued  in  the  name  of  said  new  town  with  like 
force  and  effect  as  though  said  territory  had  not  been  detached. 

21  Oh.  Provision  as  to  sewers,  water  works,  gas  or  electric 
light  system.]  § 8.  If  any  portion  of  any  incorporated  town 
be  disconnected  under  the  provisions  of  this  act,  such  new 


DIVISION  OF  INCORPORATED  TOWNS. 


95 


town  and  the  original  town  shall  have  the  same  use.  and  benefit 
of  any  sewer,  water  works,  gas  or  electric  light  system  owned 
by  said  original  town,  from  which  such  new  town  was  discon- 
nected, on  the  same  terms,  conditions  and  restrictions  that  the 
territory  of  each  had  before  such  dismemberment,  and  in  case 
the  new  town  shall  become  incorporated  as  a village,  then  such 
village  shall  succeed  to  all  the  rights  and  privileges  and  be  sub- 
ject to  all  the  burdens  and  conditions  granted  or  imposed  by  this 
act. 

210i.  Provision  as  to  officers — justices  of  the  peace — pro- 
ceedings.] § 9.  When  any  portion  of  any  incorporated  town 
shall  be  disconnected  under  the  provisions  of  this  act,  if  any  offi- 
cer of  the  town  from  which  such  territory  shall  be  taken  (except- 
ing justices  of  the  peace  or  police  magistrates)  shall  continue 
to  reside  in  such  new  town,  his  office  shall  become  vacant  and 
filled  as  in  other  cases  of  vacancy;  but  any  justice  of  the  peace 
or  police  magistrate  duly  elected  and  qualified,  and  acting  at 
the  time  such  disconnection  shall  take  effect,  shall  continue  to 
hold  his  office  for  the  term  for  which  he  was  elected;  all  suits, 
actions,  proceedings,  complaints,  prosecutions  and  special  pro- 
ceedings which  shall  be  pending  in  the  territory  so  disconnected 
before  any  justice  of  the  peace,  shall  be  heard  and  determined 
as  though  such  division  had  not  taken  place,  and  the  said  jus- 
tices of  the  peace  shall  continue  to  exercise  within  said  terri- 
tory, the  duties  of  their  respective  offices  until  the  term  thereof 
shall  respectively  expire  or  otherwise  be  determined  in  [in] 
the  same  manner  as  though  such  disconnection  had  not  taken 
place,  and  the  powers  and  jurisdiction  of  said  justices  within 
said  territory,  and  their  fees  and  emoluments  and  methods  of 
procedure,  shall  be  the  same  as  though  such  disconnection  had 
not  taken  place.  At  the  expiration  of  the  term  of  such  jus- 
tices of  the  peace  or  police  magistrates,  all  dockets  and  books, 
papers  a.nd  files  of  their  respective  offices  shall  be  filed  and  de- 
posited with  any  justice  of  the  peace  of  said  newly  incorporated 
town,  that  the  circuit  court  of  the  county  shall  designate  by  or- 
der of  the  court. 

210j.  School  districts.]  § 10.  Nothing  herein  shall  be 
construed  to  authorize  the  alteration  of  the  boundaries  of  any 
school  district  or  township. 


9G 


STATUTES  RELATING  TO  CITY. 


ANNEXATION  OF  CITIES,  INCORPORATED  TOWNS 
AND  VILLAGES. 

AN  ACT  to  provide  for  the  annexation  of  cities,  incorporated  towns  and  villages, 

or  parts  of  same,  to  cities,  incorporated  towns  and  villages.  [Approved  and 

jn  force  April  25,  188!>.  L.  1881),  p.87. 

211.  Petition  to — how  question  submitted — returns.]  § 1. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  where  an  incorporated  city,  town 
or  village  adjoins  another  incorporated  city,  town  or  village  it 
may  be  annexed  thereto  in  the  manner  following,  that  is  to  say : 

A petition  shall  be  presented  to  the  judge  of  the  County 
Court  of  the  county  wherein  such  incorporated  city,  town  or 
village  to  which  such  annexation  is  sought  is  situated,  asking 
that  the  question  of  annexation  be  submitted  to  the  legal  vot- 
ers of  the  city,  village  or  incorporated  town  sought  to  be  an- 
nexed, and  the  legal  voters  of  the  city,  village  or  incorporated 
town  to  which  it  is  sought  to  annex  the  same.  Such  petition 
shall  be  signed  by  not  less  than  two  hundred  and  fifty  (250) 
of  the  legal  voters  of  the  city,  village  or  incorporated  town 
sought  to  be  annexed,  unless  the  votes  cast  in  said  city,  village 
or  incorporated  town  at  the  last  preceding  general  election 
numbered  less  than  five  hundred  (500),  in  which  case  the  peti- 
tion shall  be  signed  by  one- third  (1/3)  of  the  legal  voters  of 
such  city,  village  or  incorporated  town,  and  thereupon  said 
county  judge  shall  cause  to  be  submitted  the  question  of  an- 
nexation to  the  voters  of  the  incorporated  city,  town  or  village 
sought  to  be  annexed,  and  ‘to  the  voters  of  the  incorporated 
city,  town  or  village  to  which  it  is  sought  to  an- 
nex the  same,  at  an  election  to  be  hoi  den  in  each  of 
said  incorporated  cities,  towns  or  villages.  Such  ques- 
tion may  be  submitted  at  either  a special  election 
called  for  that  purpose,  or  at  any  municipal  election,  or  at  any 
general  election.  Notice  of  the  election  hereby  required  shall 
be  given  by  causing  notices  thereof  to  be  published  in  at  least 
one  newspaper  published  in  said  county,  within  which  said  city, 
village  or  incorporated  town  may  be,  to  which  territory  is 
sought  to  be  annexed,  at  least  fifteen  (15)  days  before  such 
election,  by  the  clerk  of  the  County  Court.  The  ballots  cast 
at  such  election  to  be  written  or  printed,  or  partly  written  or 
partly  printed,  “For  annexation/’  “of”  (here  name  the  city, 


ANNEXATION  OE  CITIES,  TOWNS  AND  VILLAGES. 


97 


village  or  incorporated  town  to  be  annexed)  “to”  (here  name 
city,  village  or  incorporated  town  to  which  annexation  is  sought) 
or,  “Against  annexation”  “of”  (here  name  city,  village  or  in- 
corporated town  to  be  annexed)  “to”  (here  name  city,  village 
or  incorporated  town  to  which  annexation  is  sought)  respect- 
ively, to  be  received,  canvassed  and  returned  the  same  as  bal- 
lots for  municipal  officers  of  such  incorporated  cities,  towns 
or  villages,  and  the  officers  who  are  charged  by  law  with  the 
duty  of  canvassing  such  votes,  shall  file,  or  cause  to  be  filed, 
with  the  clerk  of  the  County  Court  of  such  county  a certifi- 
cate of  the  result  of  such  canvass  immediately  upon  ascertain- 
ing the  result  thereof,  and  if  it  shall  appear  that  a majority  of 
the  voters  of  each  incorporated  city,  town  or  village  so  voting 
upon  the  question  of  annexation,  at  such  election  vote  for  an- 
nexation, thereupon  the  jurisdiction  of  the  incorporated  city, 
village  or  town,  to  which  such  other  incorporated  city,  village 
or  town  is  annexed,  shall  extend  over  said  territory;  but  if 
it  shall  appear  that  a majority  of  the  voters  of  any  incorporated 
city,  town  or  village  so  voting  upon  the  question  of  annexation, 
when  such  question  is  first  submitted,  vote  against  annexation, 
any  petition  thereafter  presented  to  the  judge  of  the  County 
Court  shall  be  signed  by  not  less  than  one-eighth  of  the  legal 
voters  of  the  incorporated  city,  town  or  village,  which  is  sought 
to  be  annexed  to  an  adjoining  city,  village  or  incorporated  town 
so  voting  against  annexation. 

212.  When  inhabitants  of  territory  desire  to  be  annexed — 
proceedings.]  § 2.  When  the  inhabitants  of  any  territory  not 
less  than  one-half  square  mile  in  extent  and  less  than  the  whole 
of  an  incorporated  city,  village  or  town,  and  which  territory 
shall  be  contiguous  to  and  adjoining  the  territory  of  another 
incorporated  city,  village  or  town,  desire  to  be  annexed  to  such 
other  incorporated  city,  village  or  town,  such  annexation  may 
be  effected  as  follows:  A petition  shall  be  presented  to  the 

judge  of  the  County  Court  wherein  such  incorporated  city, 
town  or  village  is  situated  to  which  annexation  is  desired,  signed 
by  not  less  than  one  hundred  of  the  legal  voters  of  the  terri- 
tory sought  to  be  annexed,  asking  that  the  question  of  annex- 
ation of  the  territory  described  in  the  petition  may  be  sub- 
mitted to  the  legal  voters  of  the  city,  village  or  incorporated 


98 


STATUTES  RELATING  TO  CITY. 


town  from  which  said  territory  is  to  be  taken,  and  to  the  legal 
voters  of  the  city,  village  or  incorporated  town  to  which  it  is 
sought  to  annex  the  same  and  to  the  legal  voters  of  the  terri- 
tory sought  to  be  disconnected  from  one  city,  village  or  incor- 
porated town  and  annexed  to  the  other  city,  village  or  incor- 
porated town.  Such  territory  shall  be  described  in  said  peti- 
tion, and  thereupon  said  county  judge  shall  cause  to  be  sub- 
mitted the  question  of  annexation  of  such  territory  to  the  vot- 
ers of  the  incorporated  city,  town  or  village  from  which  it  is 
sought  to  disconnect  territory,  and  to  the  voters  of  the  incor- 
porated city,  town  or  village  to  which  it  is  sought  to  annex 
the  same,  at  an  election  to  be  holden  in  each  of  said  incorpo- 
rated cities,  towns  or  villages.  Such  question  may  be  sub- 
mitted at  either  a special  election,  called  for  that  purpose,  or 
at  any  municipal  election,  or  at  any  general  election.  Notice 
of  the  election  hereby  required  shall  be  given  by  causing  no- 
tices thereof  to  be  published  in  at  least  one  newspaper  pub- 
lished in  said  county,  within  which  said  city,  village  or  incor- 
porated town  may  be,  to  which  territory  is  sought  to  be  an- 
nexed, at  least  fifteen  days  before  such  election,  by  the  clerk 
of  the  County  Court.  The  ballots  at  such  election  to  be  writ- 
ten or  printed,  or  partly  written  and  partly  printed,  “For  an- 
nexation of”  (here  describe  territory  of  city,  village  or  incor- 
porated town  to  be  annexed)  “to”  (here  give  the  name  of  citjr, 
village  or  incorporated  town  to  which  annexation  is  sought) 
or  “against  annexation  of”  (here  describe  territory  of  city, 
village  or  incorporated  town  to  be  annexed)  “to”  (here  name 
city,  village  or  incorporated  town  to  which  annexation  is 
sought)  respectively,  or  in  such  other  manner  as  is  or  may  be 
hereafter  provided  in  such  cases  by  the  general  election  laws  of 
the  State  of  Illinois  applicable  to  said  cities,  villages  or  incor- 
porated towns,  said  ballots  to  be  received,  canvassed  and  re- 
turned the  same  as  ballots  for  municipal  officers  of  such  incor- 
porated cities,  towns  or  villages;  and  the  officers  who  are 
charged  by  law  with  the  duty  of  receiving  such  votes,  shall  as- 
certain the  exact  residence  of  each  voter  voting  at  such  elec- 
tion, either  from  the  books  of  resignation  or  from  the  oath  or 
affirmation  of  such  voter,  and  in  election  precincts  which  are 
intersected  by  the  boundaries  of  the  territory  sought  to  be  an- 


ANNEXATION  OF  CITIES,  TOWNS  AND  VILLAGES. 


99 


nexed,  the  judges  of  election  shall  procure  an  additional  bal- 
lot box  in  which  shall  be  deposited  only  the  ballots  of  voters 
residing  within  the  limits  of  the  territory  so  sought  to  be  an- 
nexed, and  shall  make  a separate  return  of  the  ballots  cast  in 
such  additional  ballot  box,  and  the  officers  who  are  charged 
by  law  with  the  duty  of  canvassing  the  returns  of  such  elec- 
tion shall  file,  or  cause  to  be  filed,  with  the  clerk  of  the  County 
Court  of  such  county,  a certificate  of  such  canvass  immediately 
upon  ascertaining  the  result  thereof,  in  which  certificate  such 
officers  shall  state,  as  well  as  the  results  of  the  entire  vote  in 
each  of  the  cities,  incorporated  towns  or  villages  as  canvassed 
by  them,  the  number  of  votes  cast  by  the  voters  residing  within 
j;he  limits  of  the  territory  so  sought  to  be  annexed,  and  the 
number  of  votes  for  and  the  number  against  the  question  so 
submitted  as  cast  by  such  voters;  and  if  it  shall  appear  that 
the  majority  of  the  voters  of  each  incorporated  town,  city  or 
village,  as  well  as  a majority  of  the  voters  residing  within  the 
limits  of  the  territory  sought  to  be  annexed  so  voting  upon 
the  question  of  annexation  at  such  election,  vote  for  annexation, 
thereupon  the  jurisdiction  of  the  incorporated  city,  town  or 
village  shall  extend  over  such  territory  so  annexed;  but  if  it 
shall  appear  that  a majority  of  the  voters  of  any  territory  less 
than  the  whole  of  an  incorporated  city,  village  or  town,  so  vot- 
ing upon  the  question  of  annexation,  when  said  question  is 
submitted,  vote  against  annexation,  any  petition  thereafter  pre- 
sented to  the  judge  of  the  County  Court  for  the  annexation  of 
the  same  territory  shall  be  signed  by  not  less  than  one-eighth 
of  the  legal  voters  of  the  territory  which  is  sought  to  be  an- 
nexed under  such  subsequent  petition.  [As  amended  by  act 
approved  April  12,  1899.  In  force  July  1,  1899.  L.  1899, 
p.  87.  Legal  News  Ed.,  p.  89. 

213.  When  petitions  are  presented  to  annex  the  whole  and 
also  a part  of  a city,  etc.]  § 3.  If  petitions  are  presented  to 
the  county  judge,  as  described  in  this  act,  for  the  annexation  of 
the  whole  and  also  for  the  annexation  of  a part  or  parts  of  a 
city,  village  or  incorporated  town  to  a city,  village  or  incor- 
porated town,  the  said  county  judge  shall  submit  such  ques- 
tion as  petitioned  for  by  each  petition,  and  if  at  such  election 
the  result  of  the  votes  shall  be  against  annexation  of  the  whole, 


100 


STATUTES  RELATING  TO  CITY. 


but  shall  be  in  favor  of  annexation  of  a part  or  parts,  and  such 
parts  combined  as  one  territory  are  contiguous  to  such  city, 
village  or  incorporated  town,  or  if  any  such  part  be  contigu- 
ous to  such  city,  village  or  incorporated  town,  then  such  con- 
tiguous territory  shall  be  annexed  the  same  as  though  no  propo- 
sition had  been  submitted  to  annex  the  whole  thereof. 

214.  Proceedings  on  annexation — payment  of  debts — divi- 
sion of  property,  etc.]  § 4.  The  city,  village  or  incorporated 
town  to  which  the  whole  of  another  city,  village  or  incorporated 
town  is  annexed  under  the  provisions  of  this  act  shall  assume 
and  pay  any  and  all  debts,  liabilities,  bonds  or  obligations  and 
interests  thereon  of  the  city,  incorporated  town  or  village  so 
annexed,  and  shall  become  vested,  with  title  and  ownership  of 
all  property  belonging  to  said  city,  village  or  incorporated 
town  so  annexed,  to  be  held  for  the  same  purposes  and  for  the 
same  uses,  subject  to  the  same  conditions  as  theretofore,  and 
if  the  public  schools  of  such  enlarged  city,  village  or  incorporated 
town  are  all  in  charge  and  under  the  control  of  one  board  of 
education,  the  said  enlarged  city,  village  or  incorporated  town 
shall  assume  and  pay  the  indebtedness  of  each  school  district 
or  township  lying  wholly  therein,  and  shall  become  vested  with 
the  title  and  ownership  of  all  property  belonging  to  any  school 
district  or  township  lying  wholly  therein,  to  be  held  for  the 
same  purposes  and  to  the  same  uses  and  subject  to  the  same 
conditions  as  theretofore.  If  the  bonds  of  said  city,  village 
or  incorporated  town  so  annexed,  or  of  any  school  district  or 
township  lying  wholly  therein,  have  been  registered  in  the  of- 
fice of  the  State  Auditor  of  Public  Accounts,  in  accordance 
with  the  statute,  the  county  clerk  shall  certify  the  fact  of  such 
annexation  forthwith  to  said  State  Auditor,  and  said  State 
Auditor  shall  not  thereafter  certify  any  rate  per  centum  to  the 
county  clerk,  nor  shall  the  county  clerk  thereafter  extend  any 
such  rate  for  the  payment  of  said  bonds  or  interest  thereon 
upon  the  taxable  property  of  such  city,  town  or  village  so  an- 
nexed, or  school  district  or  township.  All  debts,  bonds  and 
obligations  of  the  united  municipality  to  be  paid  by  the  en- 
larged city,  village  or  incorporated  town.  And  if  there  be  a 
portion  of  a school  district  or  township  lying  within  and  a 
portion  tying  without  such  annexed  territory,  the  debts  of  such 


ANNEXATION  OF  CITIES,  TOWNS  AND  VILLAGES.  101 

school  district  or  township  shall  be  paid  and  the  property  di- 
vided in  the  same  manner  as  is  provided  for  paying  debts  and 
dividing  property  in  section  eight  (8)  of  this  act,  where  parts 
of  cities,  villages  or  incorporated  towns  are  annexed  to  other 
cities,  villages  or  incorporated  towns. 

215.  When  the  whole  of  a city,  etc.,  annexed — annual  appro- 
priation ordinance — tax  levy.]  § 5.  When  the  whole  of  a city, 
village  or  incorporated  town  is  annexed  to  another  city,  village 
or  incorporated  town  under  the  provisions  of  this  act,  and 
the  corporate  authorities  of  such  city,  village  or  incorporated 
town  so  annexed  shall  have  passed  an  ordinance  termed  the 
annual  appropriation  ordinance,  but  not  an  ordinance  levying 
a tax  for  the  purpose  of  collecting  a sufficient  sum  of  money 
to  defray  the  total  amount  of  appropriations  for  all  corporate 
purposes  for  that  fiscal  year,  then  the  corporate  authorities  of 
the  city,  village  or  incorporated  town  to  which  such  territory 
is  annexed  shall  have  the  right  to  include  the  amount  of  such 
appropriations  in  the  annual  tax  levy  of  such  city,  village  or 
incorporated  town,  the  same  as  though  such  appropriations 
had  been  made  by  the  city,  village  or  incorporated  town  to 
which  such  other  city,  village  or  incorporated  town  is  annexed. 
The  said  taxes  may  be  used  by  the  city,  village  or  incorporated 
town  to  which  annexation  is  had  for  the  purpose  for  which  such 
appropriation  was  made  by  the  city,  village  or  incorporated 
town  so  annexed. 

216.  Annexation  not  to  interfere  with  the  levy.]  § 6. 

When  the  wdiole  of  an  incorporated  town,  city  or  village  shall 
be  annexed  to  another  city,  village  or  incorporated  town  it 
shall  not  arrest,  stay  or  interfere  with  any  proceedings  for  the 
collection  or  enforcement  of  any  tax,  special  assessment  or  spe- 
cial tax,  but  the  same  shall  proceed  and  be  carried  to  a finality 
as  though  no  such  annexation  had  taken  place,  and  the  pro- 
ceeds thereof  shall  be  paid  over  to  the  treasurer  of  the  city, 
village  -or  incorporated  town  to  which  such  other  village,  city 
or  incorporated  town  is  annexed,  to  be  used  for  the  purpose  for 
which  the  tax  was  levied  or  the  proceedings  instituted. 

217.  Annexation — suits,  how  defended  and  prosecuted.] 

§ 7.  All  suits  pending  in  any  court  on  behalf  of  or  against 


102 


STATUTES  RELATING  TO  CITY. 


any  village,  city  or  incorporated  town,  the  whole  of  which  is 
under  the  provisions  of  this  act  annexed  to  another  city,  vil- 
lage or  incorporated  town,  may  be  prosecuted  or  defended  in 
.name  of  the  city,  village  on  incorporated  town  so  annexed,  and 
all  judgments,  fines,  decrees  or  recoveries  obtained  for  or  on 
behalf  of  any  village,  city  or  incorporated  town  so  annexed  to 
another  may  be  collected  and  enforced  with  like  force  and  ef- 
fect as  though  such  annexation  had  not  taken  place  in  the  name 
of  the  city,  village  or  incorporated  town  so  annexed. 

218.  When  part  of  city,  etc. — division  of  public  property 
annexed — payment  of  indebtedness.]  § 8.  When  a part  of 
the  territory  of  a city,  village  or  incorporated  town  is  taken 
therefrom  and  annexed  to  another  city,  village  or  incorporated 
town  under  the  provisions  of  this  act,  then  the  proportionate 
share  of  any  indebtedness,  contract  or  liability  of  such  city, 
village  or  incorporated  town  from  which  such  territory  is  taken 
shall  be  assumed  and  paid  by  such  enlarged  city,  village  or  im 
corporated  town,  according  to  the  taxable  property  in  such 
disconnected  territory  as  the  same  existed  immediately  before 
such  annexation,  and  if  the  public-  schools  of  such  enlarged 
city,  village  or  incorporated  town  shall  be  in  charge  and  control 
of  one  board  of  education,  then  the  proportionate  share  of  any 
indebtedness  of  any  school  district  or  township  shall  be  as- 
sumed and  paid  by  such  enlarged  city,  village  or  incorporated 
town  according  to  the  taxable  property  in  such  part  of  such 
disconnected  territory  within  such  school  district  or  township, 
as  the  same  existed  immediately  before  such  annexation,  and 
if  the  whole  of  a school  district  or  township  is  annexed,  then 
such  municipality  shall  assume  and  pay  all  the  indebtedness 
of  such  school  district  or  township.  The  amount  of  the  said 
indebtedness  to  be  paid  by  said  enlarged  city,  town  or  village 
shall  be  determined  and  agreed  upon  by  the  city  council  of  the 
city  or  trustees  of  the  village  or  incorporated  town  to  which 
such  territory  is  annexed,  and  the  city  council  of  the  city  or 
trustees  of  the  village  or  incorporated  town  from  which  such 
territory  is  taken,  or  the  school  authorities  of  the  school  dis- 
trict or  township  of  which  such  disconnected  territory  was  a 
part,  as  the  case  may  be,  in  such  manner  as  they  shall  elect,  if 
they  can  not  agree,  then  the  matter  shall  be  determined  b}T  the 


ANNEXATION  OF  CITIES,  TOWNS  AND  VILLAGES. 


103 


Circuit  or  County  Court  of  the  county  in  which  such  munici- 
pal corporation  may  be  to  which  annexation  is  made,  by  pe- 
tition of  either  municipal  corporation  or  of  any  taxpayer  of 
either  municipality.  The  court  shall  hear  and  determine  the 
matter  in  a summary  manner,  without  pleadings,  and  shall  pro- 
nounce judgment  as  the  right  and  equity  of  the  matter  may 
demand.  If  the  respective  corporate  authorities  shall  aerree  as 
to  the  amount  to  be  paid  by  such  enlarged  city,  town  or  vil- 
lage, then  each  shall  pass  an  ordinance  or  a resolution  reciting 
the  amount  thereof  to  be  paid,  a copy  of  which  said  ordinance 
or  resolution  shall  be  duly  certified  by  the  clerk  of  the  city, 
village  or  incorporated  town  to  which  such  territory  is  an- 
nexed, and  filed  with  the  county  clerk  of  the  county  wherein 
such  enlarged  city,  town  or  village  may  lie,  and  by  him  certified 
to  the  State  Auditor  of  Public  Accounts,  and  which  said  ordi- 
nance or  resolution  shall  be  final  and  conclusive  in  all  proceed- 
ings as  to  the  amount  of  indebtedness  so  to  be  paid.  If  a judg- 
ment or  decree  shall  be  entered  by  a Circuit  or  County  Court 
as  herein  provided,  then  a certified  copy  thereof  shall  be  made 
by  the  clerk  of  said  court  and  filed  with  the  clerk  of  each  of 
the  said  municipal  corporations  and  with  the  county  clerk, 
and  by  the  county  clerk  certified  to  the  State  Auditor  of  Pub- 
lic Accounts,  and  such  judgment  shall  be  final  and  conclusive 
in  all  proceedings  as  to  the  amount  of  indebtedness  to  be  paid 
by  each  municipality.  The  State  Auditor  shall  not  thereafter 
certify  any  rate  per  centum  to  the  county  clerk,  nor  shall  the 
county  clerk  thereafter  extend  any  rate  upon  the  taxable  prop- 
erty of  said  annexed  territory  for  the  payment  of  any  of  said 
bonds  or  interests  thereon  so  issued  by  the  city,  incorporated 
town  or  village  from  which  it  is  disconnected.  Said  enlarged 
city,  town  or  village  shall  be  vested  with  the  title  and  owner- 
ship of  all  the  public  and  school  property  in  such  annexed  ter- 
ritory, and  shall  be  charged  therewith  in  the  division  of  the 
public  property  of  such  dismembered  city,  incorporated  town  or 
village,  or  school  district  or  township,  between  said  municipal- 
ities, or  between  said  enlarged  city,  town  or  village  and  any 
dismembered  school  district  or  township,  as  the  case  may  be, 
and  the  territory  not  annexed  shall  be  charged  with  all  the 
public  property  within  such  territory,  and  all  the  public  funds 


104 


STATUTES  RELATING  TO  CITY. 


in  the  hands  of  the  corporate  authorities,  such  division  to  be 
agreed  upon  by  the  same  authorities  or  settled  by  the  court  in 
the  same  manner  and  upon  the  same  basis  as  above  provided 
for  in  dividing  the  indebtedness  of  said  dismembered  munici- 
pality or  school  district  or  township. 

219.  When  tax  levy  made  before  annexation.]  § 9.  When 

a part  of  a city,  village  or  incorporated  town  is  annexed  to  an- 
other city,  village  or  incorporated  town,  and  before  such  an- 
nexation the  municipal  authorities  of  the  city,  village  or  in- 
corporated town  from  which  the  territory  is  detached  had  made 
an  annual  tax  levy,  then  in  such  case  there  shall  be  paid  over 
to  the  treasurer  of  the  city,  village  or  incorporated  town  to 
which  such  territory  is  annexed  the  pro  rata  share  paid  by  such 
territory  of  said  tax  levy  for  said  year,  according  to  the  taxable 
property'  therein,  as  the  same  existed  immediately  before  such 
annexation,  and  charging  such  territory  its  proportionate  share 
for  the  expired  part  of  the  fiscal  year. 

220.  When  proceedings  instituted  before  annexation  to  im- 
prove streets,  etc.]  § 10.  When  a part  of  a city,  village  or 
incorporated  town  is  annexed  to  another  city,  village  or  incor- 
porated town  under  the  provisions  of  this  act,  and  prior  to  such 
annexation  proceedings  had  been  instituted  for  the  purpose 
of  improving  any  streets  within  such  detached  portion  by  spe- 
cial assessment  or  special  taxation,  then  in  such  case  such  pro- 
ceedings may  be  carried  to  a finality,  whether  the  whole  improve- 
ment be  within  the  detached  portion  or  not.  If  the  whole 
improvement  is  to  be  made  within  the  detached  portion,  then 
the  amount  collected  by  such  proceedings  shall  be  paid  over 
to  the  city,  village  or  incorporated  town  to  which  such  terri- 
tory is  annexed,  to  be  used  by  such  city,  village  or  incorporated 
town  for  the  purpose  for  which  such  proceedings  were  insti; 
tuted.  If  only  a part  of  such  improvements  is  to  be  made 
within  the  detached  territory,  then  the  city,  village  or  incor- 
porated town  from  which  such  territory  is  detached  may  pro- 
ceed with  the  same  as  though  such  annexation  had  not  taken 
place. 

221.  When  proceedings  instituted  to  take  land  for  opening 
street  or  alley  before  annexation.]  § 11.  When  a part  of  a 


ANNEXATION  OF  CITIES,  TOWNS  AND  VILLAGES. 


105 


city,  village  or  incorporated  town  is  annexed  to  another  under 
the  provisions  of  this  act,  then  in  that  case  any  proceedings 
instituted  for  the  purpose  of  taking  land  for  the  purpose  of 
opening  any  street  or  alley,  or  other  public  way,  within  the 
territory  so  annexed,  shall  not  be  arrested  or  stayed,  but  the 
same  may  proceed  to  a finality,  if  the  city,  village  or  incorpo- 
rated town  to  which  such  territory  is  annexed  so  elect,  and  all 
moneys  received  from  any  special  assessment  or  tax  levied  or 
assessed  for  such  purpose,  shall  be  paid  over  to  the  city,  vil- 
lage or  incorporated  town  to  which  such  territory  is  annexed, 
to  be  used  by  it  for  the  purposes  for  which  the  same  was  col- 
lected, such  proceedings  to  be  continued  in  the  name  of  the 
city,  village  or  town  from  which  the  territory  is  detached  with 
like  force  and  effect  as  though  the  said  territory  had  not  been 
detached  therefrom. 

222.  Annexation — use  of  water  works,  gas  or  electric  light 
system.]  § 12.  If  a part  of  a city,  village  or  incorporated 
town  be  annexed  to  another  village,  city  or  incorporated  • town, 
then  such  part  of  the  city,  village  or  incorporated  town  shall 
have  the  same  use  and  benefit  of  any  water  works,  gas  or  electric 
light  system  owned  by  such  city,  village  or  incorporated  town 
prior  to  such  annexation,  on  the  same  terms,  conditions  and 
restrictions  that  it  had  before  such  annexation;  and  on  the 
same  terms,  conditions  and  restrictions  said  territory  not  an- 
nexed may  thereafter  receive  the  use  and  benefit  thereof;  and 
if  a portion  of  the  territory  of  any  city,  village  or  incorporated 
town  be  annexed  to  another  city,  village  or  incorporated  town, 
then  the  portion  of  the  cityr,  village  or  incorporated  town  not 
annexed  shall'  have  the  same  use  and  benefit  of  any  water 
works,  gas  or  electric  light  system  owned  by  such  city,  village 
or  incorporated  town  prior  to  such  annexation  on  the  same 
terms,  conditions  and  restrictions  that  it  had  before  such  an- 
nexation, and  on  the  same  terms,  conditions  and  restrictions 
said  territory  annexed  may  thereafter  receive  the  use  and  ben- 
efit thereof.  Either  part  of  such  village,  city  or  incorporated 
town  receiving  such  benefit  as  aforesaid  may  have  its  said 
rights  and  benefits  waived  by  the  city  council  or  board  of  trus- 
tees of  the  city,  village  or  incorporated  town  to  and  from  which 
said  territory  is  annexed  and  detached,  upon  such  just  and 


10G 


STATUTES  RELATING  TO  CITY. 


equitable  terms  as  they  may  agree,  and  if  they  can  not  agree, 
then  the  matter  shall  be  determined  by  the  Circuit  or  County 
Court  of  the  county  within  which  such  city,  village  or  incor- 
porated town  to  which  territory  is  annexed  may  lie,  on  petition 
of  any  person  interested  therein.  Said  court  shall  determine 
the  matter  aforesaid  in  a summary  manner  and  without  formal 
proceedings  pronounce  judgment  as  the  right  and  equity  of  the 
case  may  require,  and  such  judgment  shall  be  final  and  con- 
clusive. 

223.  Annexation — proceedings  for  division  of  property.] 

§ 13.  When  a part  of  a city,  village  or  incorporated  town 
shall  be  under  the  provisions  of  this  act  annexed  to  another 
city,  village  or  incorporated  town,  then,  in  case  the  municipal 
authorities  of  the  municipal  corporation  from  which  the  ter- 
ritory is  detached  and  of  the  municipal  corporation  to  which 
it  is  attached  can  not  by  ordinance  agree  as  to  the  division  of 
the  property  or  the  settlement  of  their  respective  rights  and 
all  matters  arising  out  of  said  annexation  within  sixty  days 
thereafter,  then  the  Circuit  or  County  Court  of  the  county 
within  which  either  municipal  corporation  may  be,  shall  hear 
and  determine  all  matters  so  in  dispute,  and  give  judgment 
or  decree,  as  the  right  of  the  matter  may  demand,  on  petition 
of  either  municipal  corporation,  and  such  judgment  shall  he 
final  and  conclusive. 

224.  Transfer  of  books,  documents  and  papers.]  § 14.  All 

public  books,  papers  and  documents,  when  the  whole  of  an  incor-  ■ - 
porated  city,  town  or  village  is  annexed  under  the  provisions 
of  this  act,  on  file  in  any  office  or  with  any  officer  thereof, 
shall  be  transferred  to  and  filed  with  the  appropriate  officer 
or  department  of  the  city,  incorporated  town  or  village  to 
which  such  annexation  is  made,  as  the  city  council  or  board 
of  trustees  thereof,  as  the  case  may  be,  shall  direct ; and  it  shall 
be  the  duty  of  all  persons  having  charge  of  such  books,  papers 
and  documents,  to  deliver  the  same  to  and  file  the  same  with 
the  appropriate  officer  or  department  as  in  this  section  pro- 
vided. 

225.  Upon  annexation  provision  as  to  continuation  of  of- 
ficers.] § 15.  When  a part  of  a city,  village  or  incorporated 


ANNEXATION  OF  CITIES,  TOWNS  AND  VILLAGES. 


107 


town  shall  be  annexed  to  another  city,  village  or  incorporated 
town,  and  any  mayor,  president,  alderman  or  trustee,  clerk, 
treasurer  or  attorney  for  such  municipality  from  which  the  ter- 
ritory is  detached  shall  reside  in  the  territory  so  detached,  then 
he  shall  continue  in  office  as  an  officer  of  such  municipal  cor- 
poration until  the  next  annual  municipal  election  of  such  city, 
village  or  incorporated  town,  as  the  case  may  be. 

226.  Provision  as  to  justices  of  the  peace  and  their  jurisdic- 
tion on  annexation.]  § 16.  When  the  whole  or  any  part  of 
such  city,  village  or  incorporated  town  shall  be  annexed  to  an- 
other city,  village  of  incorporated  town  under  the  provisions  of 
this  act,  then  any  justice  of  the  peace  or  police  magistrate,  duly 
elected,  qualified  and  acting  at  the  time  that  annexation  shall 
take  effect  shall  continue  to  hold  their  offices  for  the  terms  for 
which  they  were  respectively  elected.  All  suits,  actions,  pro- 
ceedings, complaints,  prosecutions  and  special  proceedings 
which  shall  be  pending  in  the  territory  annexed  before  any 
justice  of  the  peace  shall  be  heard  and  determined  as  though 
annexation  had  not  taken  place,  and  the  said  justices  of  the 
peace  shall  continue  to  exercise,  within  said  territory,  the 
functions  of  their  respective  offices  until  the  term  thereof  shall 
respectively  expire  or  otherwise  sooner  be  determined,  in  the 
same  manner  as  though  annexation  had  not  taken  place,  and  the 
powers  and  jurisdiction  of  said  justices  within  said  territory  and 
their  fees  and  emoluments  and  methods  of  procedure  shall  be  as 
though  annexation  had  not  taken  place.  But  nothing  in  this 
section  contained  shall  authorize  any  service  of  process  issued  by 
a justice  of  the  peace  or  police  magistrate  of  the  city,  village  or 
incorporated  town,  or  give  any  such  justice  of  the  peace  juris- 
diction' outside  of  the  territory  to  which  his  jurisdiction  was 
limited  before  such  annexation,  or  interfere  with  the  jurisdic- 
tion of  any  justice  of  the  peace  or  police  magistrate  of  the  city 
to  which  it.  is  annexed  over  the  territory  annexed.  At  the  ex- 
piration of  the  term  of  such  justices  of  the  peace  or  police 
magistrates  all  dockets  and  books,  papers  and  files  of  their 
respective  offices  shall  be  filed  and  deposited  with  any  justice 
of  the  peace  of  the  city,  village  or  incorporated  town  to  which 
said  territory  is  annexed,  that  the  Circuit  Court  of  the  ceunty 
shall  designate  by  order  of  the  court. 


108 


STATUTES  RELATING  TO  CITY. 


227.  Transfer  of  firemen  and  policemen.]  § 17.  All  po- 
licemen and  firemen  lawfully  in  the  employ  of  any  city,  village 
or  incorporated  town,  the  whole  of  which  may  be  annexed  to 
another,  as  provided  in  this  act,  shall  be  transferred  to  and  be- 
come a part  of  the  police  and  fire  department  force  of  such  city, 
village  or  incorporated  town. 

228.  Annexation — license  to  keep  dramshop — submission 

of  question.]  § 18.  When  a part  or  the  whole  of  an  incor- 
porated town,  village  or  city  is  annexed,  under  the  provisions 
of  this  act,  to  another  city,  village  or  incorporated  town,  and 
prior  to  such  annexation  an  ordinance  was  in  force  prohibiting 
the  issuing  of  licenses  to  keep  dramshops  within  said  territory 
so  annexed,  or  any  part  thereof,  or  providing  that  such  licenses 
shall  not  be  issued  except  upon  petition  of  a majority  of  the 
voters  residing  within  a certain  distance  of  such  proposed 
dramshops,  then  such  ordinance  shall  continue  in  full  force 
and  effect,  notwithstanding  such  annexation : Provided , the 

city  council  or  board  of  trustees,  as  the  case  may  -be,  may,  on 
petition  of  one-fourth  of  the  voters  of  the  territory  over  which 
said  ordinance  extends,  submit  at  an  annual  municipal  elec- 
tion, but  not  oftener  than  every  other  municipal  election,  the 
question  to  the  voters  of  such  territory  whether  or  not  an  ordi- 
ance  shall  be  passed  authorizing  the  issuing  of  dramshop 
licenses  for  such  territory:  And  provided , further,  that  upon 

petition  in  such  case  of  one-fourth  of  the  voters  within  any 
part  of  said  annexed  territory  not  less  than  one-half  square 
mile  in  extent,  asking  that  any  such  ordinance  shall  be  con- 
tinued in  force  in  said  portion  of  said  annexed  territory,  said 
question  of  issuing  dramshop  licenses  shall  be  submitted  sep- 
arately to  the  voters  of  said  portion  of  said  annexed  territory, 
and  if  a majority  of  the  voters  voting  on  such  question  vote 
against  dramshops,  then  said  ordinance  shall  continue  in  force 
in  said  portion  of  said  territory,  otherwise  not.  The  ballots 
cast  at  such  election  shall  be  written  or  printed,  or  partly 
written  and  partly  printed,  “For  dramshops,”  or  “Against 
dramshops,”  respectively,  and  shall  be  received,  canvassed  and 
returned  the  same  as  ballots  cast  at  said  election  for  municipal 
officers,  and  if  it  shall  appear  that  a majority  of  the  voters  so 
voting  upon  the  question  vote  “For  dramshops,”  then  licenses 


ANNEXATION  OF  CITIES,  TOWNS  AND  VILLAGES. 


109 


may  be  issued  for  said  territory  on  the  same  terms  and  con- 
ditions as  licenses  are  granted  by  ordinance  within  other  parts 
of  the  municipality.  It  is  intended  by  this  section  to  continue 
in  full  force  and  effect  all  ordinances  of  any  municipality,  the 
whole  or  part  of  which  is  annexed  to  another  city,  incorporated 
town  or  , village,  whereby  the  licensing  of  dramshops  is  pro- 
hibited or  regulated  within  said  city,  village  or  incorporated 
town,  or  any  part  thereof,  without  the  voters  of  the  territory 
so  affected  consent,  as  hereby  provided,  to  the  repeal  of  such 
ordinance  by  the  city,  village  or  incorporated  town  to  which 
the  territory  is  annexed. 

229.  What  constitutes  a ward — election  of  aldermen.] 

g 19.  Whenever  the  whole  or  a part  of  any  city,  village  or 
incorporated  town  is  annexed  to  a city  having  30,000  inhabi- 
tants or  more  and  such  annexed  territory  is  three  or  more 
square  miles  in  extent,  or  contains  15,000  inhabitants  and  not 
more  than  25,000  inhabitants,  then  such  annexed  territory  shall 
constitute  a ward  of  the  city  to  which  it  is  annexed,  and  the 
city  council  of  such  city  shall  authorize  the  legal  voters  of  such 
annexed  territory  to  elect  two  aldermen  from  such  ward  in 
such  annexed  territory,  which  said  aldermen  from  such  an- 
nexed territory  shall  be  additional  aldermen  to  the  number 
theretofore  required  in  such  city,  and  shall  possess  all  the 
qualifications  of  and  be  elected  at  the  time  and  in  the  manner 
provided  by  law : Provided , that  if  said  annexed  territory  shall 

contain  more  than  25,000  inhabitants,  then  the  city  council 
shall  authorize  the  legal  voters  of  such  annexed  territory  to 
elect  two  aldermen  for  every  .25,000  inhabitants  thereof,  and 
two  additional  aldermen  for  a fraction  of  15,000  inhabitants 
’or  more,  the  number  of  inhabitants  to  be  determined  by  the 
last  preceding  National,  State  or  school  census  of  such  an- 
nexed territory,  and  if  any  such  annexed  territory  has  less 
than  15,000  inhabitants,  and  is  less  than  three  square  miles 
in  extent,  then  the  city  council  shall  annex  it  to  any  ward  or 
wards  which  it  adjoins:  Provided  further , that  nothing 

herein  shall  prevent  the  city  council  from  re- districting  such 
city  according  to  law. 

230.  Sewers  may  be  built  by  special  assessments.]  § 20. 

When  the  whole  of  a city,  village  or  incorporated  town,  or  part 


110 


STATUTES  RELATING  TO  CITY. 


of  the  same,  is  annexed  to  another  city,  village  or  incorporated 
town  under  the  provisions  of  this  act,  and  within  such  terri- 
tory so  annexed  sewers  were  before  such  annexation  laid  or 
built  by  special  assessment,  then  in  such  cases  the  city,  village 
or  incorporated  town  to  which  such  territory  is  annexed  may 
continue  to  lay  or  build  sewers  or  establish  a drainage  system 
by  drainage  districts  within  such  annexed  territory  by  special  as- 
sessment or  special  taxation,  if  it  shall  so  elect. 

231.  Jurisdiction  of  county  board  to  annex  part  of  city  to 

town,  etc.]  § 21.  Whenever  any  territory,  being  a part  of  a 
city,  village  or  incorporated  town,  has  been  annexed  to -an  ad- 
joining town,  which  is  wholly  within  the  limits  of  a city,  vil- 
lage or  incorporated  town  under  the  provisions  of  an  act  en- 
titled, “An  act  to  amend  sections  2,  4,  6,  7,  10,  11  and  12  of 
article  3 of  an  act  entitled,  ‘An  act  to  revise  the  law  in  rela- 
tion to  township  organization,  approved  and  in  force  March 
4,  1874/  approved  June  15,  1887,  in  force  July  1,  1887,”  then 
and  in  such  cases  such  territory  which  has  been  so  annexed 
may  be  annexed  to  and  become  a part  of  the  city,  village  or 
incorporated  town  within  which  such  town  lies  to  which  such 
territory  has  been  annexed  in  the  manner  following,  viz. : A 

petition  may  be  presented  to  the  county  board  of  the  county 
within  which  such  city  may  lie,  signed  by  a majority  of  the 
legal  voters  of  the  territory  so  annexed  to  such  town,  and  there- 
upon, if  said  county  board  shall  find  that  such  petition  is  signed 
by  a majority  of  the  legal  voters  of  said  territory,  the  county 
board  shall  thereupon,  by  resolution,  annex  such  territory  to 
said  city,  village  or  incorporated  town.  And  upon  such  de- 
claration by  the  county  board  the  limits  of  said  city,  village 
or  incorporated  town  shall  thereupon  be  extended  to  include 
the  territory  annexed  to  said  town:  Provided , this  section 

shall  not  be  held  to  prohibit  the  annexation  of  such  territory 
in  any  other  manner  as  provided  in  this  act. 

232.  Repeal.]  § 22.  All  acts  and  parts  of  acts  in  conflict 
herewith  are  hereby  repealed. 

233.  Emergency.]  § 23.  Whereas  an  emergency  exists, 
therefore  this  act  shall  be  in  force  and  take  effect  from  and  after 
its  passage. 


TERRITORIAL  JURISDICTION. 


Ill 


TERRITORIAL  JURISDICTION. 

AN  ACT  to  define  the  jurisdiction  of  cities  and  incorporated  towns  and  villages 
lying  in  different  counties.  [Approved  June  18,  1891.  In  force  July  1,  1891. 
Laws  1891,  p.  79. 

244a.  Extending  into  different  counties.]  § 1.  Be  it  en- 
acted by  the  People  of  the  State  of  Illinois , represented  in  the 
General  Assembly , That  cities  and  incorporated  towns  and  vil- 
lages which  are  now  or  which  may  hereafter  be  incorporated 
or  extended  into  different  counties,  shall  have  the  right  to  ex- 
tend and  enforce  their  ordinances  over  the  entire  territory  em- 
braced within  the  limits  of  such  cities,  incorporated  towns  or 
villages  for  all  municipal  purposes. 

244b.  Suit,  where  brought.]  § 2.  That  whenever  any  pro- 
vision is  made  by  the  statutes  of  this  State  that  any  suit  or 
proceeding  affecting  lands  or  the  assessment  or  collection  of 
taxes  shall  be  commenced  by  any  city,  incorporated  town  or 
village  in  any  part  of  the  county  wherein  such  city,  incorporated 
town  or  village  is  situate,  it  shall  be  held  and  construed  to  mean 
in  the  county  wherein  the  lands  to  be  affected  or  upon  which 
the  taxes  are  assessed  or  to  be  assessed  and  collected  are  situate. 


HOUSES  OF  ILL-FAME. 

AN  ACT  to  prevent  the  licensing  of  houses  of  ill-fame,  and  the  official  inspec- 
tion or  medical  examination  of  the  inmates  thereof,  in  the  incorporated  cities, 
towns  and  villages  of  this  state.  [Approved  and  in  force  March  27,1874. 

245.  Licensing  and  medical  inspection  forbidden.]  § 1. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois , represented 
in  the  General  Assembly , That  it  shall  be  unlawful  for  the  cor- 
porate authorities  of  any  city,  town  or  village  in  this  State  to 
grant  a license  to  any  person,  male  or  female,  to  keep  what  is 
known  as  a house  of  ill-fame  or  house  of  prostitution.  And  it  shall 
be  unlawful  for  any  board  of  health  (or  any  member  or  em- 
ployee of  the  same)  now  existing,  or  which  may  hereafter  ex- 
ist under  the  laws  of  this  State,  to  interfere  in  the  manage- 
ment of  any  house  of  ill-fame  or  house  of  prostitution,  or  to 
provide  in  any  manner  for  the  medical  inspection  or  examina- 
tion of  any  inmate  of  the  same.  [See  § 62,  item  45. 

246.  Emergency.]  § 2.  Whereas,  the  legislative  author- 
ities of  certain  cities  in  this  State  are  about  to  license  houses 


112 


STATUTES  RELATING  TO  CITY. 


of  ill-fame,  therefore  an  emergency  exists  why  this  act  should 
take  effect  immediately;  therefore,  this  act  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 


POLICE  DISTRICTS  AND  THE  POWERS  AND  DUTIES 
OF  POLICE  THEREIN. 

AN  ACT  to  define  police  districts,  and  the  powers  and  the  duties  of  the  police 
therein.  [Approved  and  in  force  May  13,1887.  L.  1887,  p.  104. J 

251.  What  shall  be  a police  district.]  § 1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois , represented  in  the  Gen- 
eral Assembly , That  the  territory  which  is  embraced  within  the 
limits  of  adjoining  cities,  villages  and  incorporated  towns, 
within  any  county  in  this  State  shall  be  a police  district. 

252.  Police  may  go  into  any  part  of  such  district  to  suppress 
riot,  etc. — duty  of  mayor.]  § 2.  It  shall  be  lawful  for  the 

police  of  any  city,  village  or  incorporated  town  in  such  district 
to  go  into  any  part  of  such  district  to  suppress  riot,  to  pre- 
serve the  peace  and  protect  the  lives,  rights  and  property  of  citi- 
zens, and  for  such  purposes  it  shall  be  the  duty  of  the  mayor 
of  any  city,  the  president  or  the  president  and  board  of  trus- 
tees of  ahy  village  or  incorporated  town  in  such  district,  and 
the  chiefs  of  police  therein,  to  use  the  police  forces  under  their 
control  anywhere  in  such  district. 

253.  Emergency.]  § 3.  Whereas,  an  emergency  exists  thL 
act  shall  be  in  force  from  and  after  its  passage. 

WATER  WORKS. 

AN  ACT  authorizing:  cities,  incorporated  towns  and  villages  to  construct  and 
maintain  water  works.  [Approved  and  in  force  April  15,  1873.] 

254.  Power  to  supply  water — letting  contract — emergency.] 

§ 1.  That  all  cities,  incorporated  towns  and  villages  in  this 
State,  be  and  are  hereby  authorized  and  shall  have  power  to 
provide  for  a supply  of  water  for  the  purposes  of  fire  protec- 
tion, and  for  the  use  of  the  inhabitants  of  such  cities,  incor- 
porated towns  or  villages  by  the  erection,  construction  and 
maintaining  of  a system  of  water  works  or  by  uniting  with 
any  adjacent  city,  incorporated  town  or  village,  in  the  erection. 


WATER  WORKS. 


113 


construction  and  maintaining  of  a system  of  water  works  for 
the  joint  use  of  such  cities,  incorporated  towns  or  villages,  or 
by  procuring  such  supply  of  water  from  any  adjacent  city,  in- 
corporated town  or  village  already  having  water  works.  Pro- 
vided, that  all  contracts  for  the  erection  or  construction  of  such 
works  or  any  part  thereof,  shall  be  let  to  the  lowest  respon- 
sible bidder  therefor,  upon  not  less  than  three  (3)  weeks  pub- 
lic notice  of  the  terms  and  conditions  upon  which  the  contract 
is  to  be  let  having  been  given  by  publication  in  a newspaper 
published  in  such  city,  town  or  village,  or,  if  no  newspaper  is 
published  therein,  then  in  some  newspaper  published  in  the 
county.  And , provided , further , that  no  member  of  the  city 
council  or  board  of  trustees  or  mayor  shall  be  directly  or  indi- 
rectly interested  in  any  such  contract,  and  in  all  cases  the  coun- 
cil or  board  of  trustees,  as  the  case  may  be,  shall  have  the  right 
to  reject  any  and  all  bids  that  may  not  be  satisfactory  to  them. 

Whereas,  An  emergency  exists,  therefore  this  act  shall  be 
in  force  from  and  after  its  passage.  [As  amended  by  act  ap- 
proved and  in  force  May  14,  1879.  L.  1879,  p.  64. 

255.  Borrowed  money — tax.]  § 2.  Such  cities,  incor- 

porated towns  and  villages  may  borrow  money  and  levy  and 
collect  a general  tax  in  the  same  manner  as  other  municipal 
taxes  may  be  levied  and  collected  for  the  erection,  construc- 
tion and  maintaining  of  such  water  works,  and  appropriate 
money  for  the  same.  [See  § 62,  item  3. 

256.  May  acquire  property  for  works,  etc.]  § 3.  For  the 

purpose  of  erecting,  constructing,  locating,  maintaining  or  sup- 
plying such  water  works,  any  such  city,  incorporated  town  or 
village  may  go  beyond  its  territorial  limits,  and  may  take,  hold 
and  acquire  property  and  real  estate,  by  purchase  or  otherwise; 
and  shall  also  have  the  power  to  take,  hold  and  acquire  and 
condemn  any  and  all  necessary  property  and  real  estate  for  the 
location,  erection,  construction  and  maintaining  of  such  water 
works,  in  the  manner  provided  for  the  taking  and  condemning 
of  private  property  for  public  use;  and  may  also  acquire  and 
hold  real  estate  and  other  property  and  rights  necessary  for  the 
location,  erection,  construction  and  maintenance  of  such  water 


114 


STATUTES  RELATING  TO  CITY. 


works,  by  purchase  or  otherwise;  and  the  jurisdiction  of  such 
city,  town  or  village  to  prevent  or  punish  any  pollution  or  in- 
jury to  the  stream  or  source  of  water  for  the  supply  of  such 
water  works,  shall  extend  ten  miles  beyond  its  corporate  limits. 
[See  § 170;  also  “Eminent  Domain,”  ch.  47. 

257.  Rules — tax — assessment — lien.]  § 4.  The  common 

council  of  such  cities,  or  trustees  of  such  towns  or  villages,  shall 
have  power  to  make  and  enforce  all  needful  rules  and  regula- 
tions in  the  erection,  construction  and  management  of  such 
water  works,  and  for  the  use  of  water  supplied  by  the  same. 
And  such  cities,  towns  and  villages  shall  have  the  right  and 
power  to  tax,  assess  and  collect  from  the  inhabitants  thereof 
such  tax,  rent  or  rates  for  the  use  and  benefit  of  water  used  or 
supplied  to  them  by  such  water  works,  as  the  common  council 
or  board  of  trustees,  as  the  case  may  be,  shall  deem  just  and  ex- 
pedient. And  all  such  water  taxes,  rates  or  rents  shall  be  a 
lien  upon  the  premises  and  real  estate  upon  or  for  which  the 
same  is  used  or  supplied.  And  such  taxes,  rents  or  rates  shall 
be  paid  and  collected,  and  such  lien  enforced,  in  such  manner 
as  the  common  council  shall,  by  ordinance,  direct  and  pro- 
vide. [See  § 171.  • 

258.  Special  assessment.]  § 5.  The  expense  of  locating, 

erecting  and  constructing  reservoirs  and  hydrants  for  the  pur- 
pose of  fire  protection,  and  the  expense  of  constructing  and  lay- 
ing water  main  pipes,  or  such  part  thereof  as  may  be  just  and 
lawful,  may  be  assessed  upon  and  collected  from  the  property 
and  real  estate  specially  benefited  thereby,  if  any,  in  such  man- 
ner as  may  be  provided  for  the  making  of  special  assessments 
for  other  public  improvements  in  such  cities,  towns  or  villages. 

259.  Separate  fund.]  § 6.  All  the  income  received  by  such 
cities,  towns  or  villages  from  such  water  works,  from  the  pay- 
ment and  collection  of  water  taxes,  rents  or  rates,  shall  be  kept 
in  a separate  fund,  and  shall  first  be  applied  in  the  payment 
and  discharge  of  the  costs,  interest  on  bonds  or  money  borrowed 
and  used  in  the  erection  and  construction  of  such  water  works 
and  running  expenses  thereof.  And  any  surplus  may  be  applied 


WATER  WORKS. 


115 


in  such  manner  as  the  common  council  or  board  of  trustees  may 
direct. 

260.  When  act  not  apply.]  § 7.  The  provisions  of  this 
act  shall  not  apply  to  cities,  towns  or  villages  in  which  water 
works  are  now  managed  or  controlled  by  a board  of  public  works. 

261.  Emergency.]  § 8.  Whereas  many  of  the  cities  em- 
braced in  this  act  are  entirely  without  adequate  protection  from 
fires,  and  are  without  lawful  authority  to  provide  the  necessary 
means  of  protection  authorized  by  this  act;  therefore  an  emer- 
gency exists  that  this  act  should  take  effect  immediately;  there- 
fore, this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

AN  ACT  to  provide  for  the  laying  of  water  supply  pipe  by  bonds  and  special 
assessment,  payable  in  installments.  [Approved  and  in  force  March  17,1874. 

Note.— This  act  declared  repealed  by  act  of  1887,  amendatory  of  Art.  IX  of  City 
and  Village  act.  See  people  v.  Nelson,  156  111.  364.  Both  acts  are  superseded  by 
new  Local  Improvement  act,  §§  507  to  605. 

AN  ACT  to  enable  cities,  incorporated  towns  and  villages  to  contract  for  a supply 
of  water  h r public  use,  and  to  levy  and  collect  a tax  to  pay  for  the  water  so 
supplied.  [Approved  April  9,  1872.  In  force  July  1,  1872.  L.  1871-2,  p.  271.] 
This  title  is  as  amended  by  act  approved  June  26,  *885.  In  force  July  1,  1885. 
L.  1885,  p.  64. 

266.  Power  to  contract  for  water.]  § 1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois , represented  in  the  General 
Assembly , That  in  all  cities,  incorporated  towns  and  villages 
where  water  works  have  been,  or  may  hereafter  be  constructed 
by  any  person  or  incorporated  company,  the  city,  town  or  vil- 
lage authorities  in  such  cities,  incorporated  towns  and  villages 
may-  contract  with  such  person  or  incorporated  company  for  a 
supply  of  water  for  public  use  for  a period  not  exceeding  thirty 
years.  [As  amended  by  act  approved  June  30,  1885.  In  force 
July  1,  1885.  L.  1885,  p.  64. 

267.  Tax.]  § 2.  Any  such  city  or  village  so  contracting 
may  levy  and  collect  a tax  on  all  taxable  property  within  such 
city  or  village,  to  pay  for  the  water  so  supplied. 

AN  ACT  to  enable  cities,  incorporated  towns  and  villages  to  purchase  or  lease 
waterworks.  [Approved  June  19,  1893.  In  force  July  1,  1893.  L.  1893,  p.  82. 

267a.  City,  etc.,  may  lease  or  purchase  waterworks.]  § 1. 

That  in  all  cities,  incorporated  towns  and  villages  where  water 
works  are  now  constructed,  or  may  hereafter  be  constructed  by 
any  person  or  incorporated  company,  the  city,  town  or  village 
authorities  in  such  cities,  towns  or  village  may  purchase  or  lease 


116 


STATUTES  RELATING  TO  CITY. 


such  water  works  from  the  owner  or  owners  of  the  same : Pro- 

vided, however,  that  before  such  leasing  or  purchase  shall  be 
binding  upon  said  city,  incorporated  town  or  village,  the  city 
council  or  the  board  of  trustees  shall  pass  an  ordinance  includ- 
ing the  terms  of  such  lease  or  purchase,  which  ordinance  shall 
be  published  in  a newspaper  published  in  said  city,  incorporated 
town  or  village  at  least  once  iji  each  week  for  two  successive 
weeks,  and  said  ordinance  shall  be  posted  for  a period  of  not 
less  than  ten  days  in  at  least  five  public  places  in  such  city,  in- 
corporated town  or  village. 

And  if  no  petition  shall  be  submitted  to  said  city  council  or 
board  of  trustees  as  hereinafter  provided,  within  twenty-one 
days  after  said  ordinance  is  so  published  and  posted,  it  shall  be 
lawful  for  said  city  council  or  board  of  trustees  to  consummate 
the  leasing  or  purchase  provided  for  in  the  ordinance  aforesaid. 
But  if  within  said  period  of  twenty-one  days,  there  shall  be  pre- 
sented to  said  city  council  or  board  of  trustees,  a petition  signed 
by  twenty  per  cent  of  the  number  of  voters  voting  at  the  last 
general  city,  town  or  village  election  asking  that  the  question 
of  such  leasing  or  purchase  shall  be  submitted  to  a vote,  it  shall 
then  be  the  duty  of  the  city  council  or  board  of  trustees  by  or- 
dinance to  call  a special  election  as  may  be  provided  by  law  to 
vote  upon  the  question  of  said  lease  or  purchase,  and  if  it  ap- 
pear that  a majority  of  such  voters  voting  upon  such  question, 
at  such  election,  vote  in  favor  of  such  leasing  or  purchase,  then 
said  city  council  or  board  of  trustees  shall  proceed  to  complete 
said  leasing  or  purchase;  but  if  a majority  of  the  votes  cast  are 
against  such  leasing  or  purchase  then  said  city,  incorporated 
town  or  village  shall  proceed  no  further  with  said  leasing  or 
purchase  for  the  period  of  six  months  next  ensuing.  [As 
amended  by  act  approved  April  24,  1899.  In  force  July  1, 
1899.  L.  1899,  p.  106. 

267b.  May  borrow  money  and  levy  general  tax.]  § 2. 

Such  cities,  incorporated  towns  and  villages  may  borrow  money, 
and  levy  and  collect  a general  tax  in  the  same  manner  as  other 
municipal  taxes  may  be  levied  and  collected  for  the  purchase 
and  maintaining  or  the  leasing  and  maintaining  of  such  water 
works,  and  appropriate  money  for  the  same. 


LOCATION  OF  SOURCE  OF  SUPPLY. 


117 


WATER  COMPANY  MAY  LOCATE1  SOURCE  OF  SUPPLY 
BEYOND  CORPORATE  LIMITS. 

AN  ACT  to  enable  any  water  company  now  or  hereafter  organized  under  the 
laws  of  this  State,  to  change  or  locate  its  source  of  supply  beyond  the  limits  of 
the  city,  town  or  village  supplied,  or  whose  inhabitants  are  supplied  with 
water  by  such  company ; and  for  that  purpose  empowering  such  company  to 
take  or  damage  private  property  for  pipe  lines  to  such  source  of  supply  and  for 
pumping  stations,  reservoirs  or  other  appurtenances,  and  to  construct,  maintain 
and  operate  such  pipe  lines  in  and  under  any  public  or  private  road,  highway, 
street  or  public  ground,  and  across  or  under  any  of  the  waters  within  this  State, 
and  across  or  under  any  railroad  right-of-way:  and  to  prescribe  penalties  for 
interfering  with  or  destroying  the  property  or  rights  of  such  company.  [Ap- 
proved June  19,  1893.  In  force  July  1,  1893.  L.  1893,  p.  81.] 

267c.  May  enter  on  land  and  construct  lines.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois , represented  in 
the  General  Assembly , That  any  water  company  now  organized, 
or  that  may  hereafter  be  organized  under  the  laws  of  this 
State,  for  the  purpose  of  supplying  any  city,  town  or  village  or 
the  inhabitants  thereof  with  water,  is  hereby  empowered  to  lo- 
cate its  source  of  supply  at  or  change  its  source  of  supply  to  a 
point  beyond  the  limits  of  such  city,  town  or  village,  and  any 
such  compnay  may  enter  upon  any  lands  and  take  and  damage 
private  property  beyond  said  limits,  for  the  construction,  main- 
tenance and  operation  of  a line  or  lines  of  water  pipe,  to  such 
source  of  supply,  and  also  for  the  necessary  pumping  stations, 
reservoirs  or  other  appurtenances;  and  also  construct,  maintain 
and  operate  beyond  said  limits  such  line  or  lines  of  water  pipe 
across  or  under  any  railroad  right  of  way,  and  in  and  under 
any  public  or  private  road,  highway,  street,  alley  or  public  ground 
or  across  or  under  any  of  the  waters  within  this  State:  Pro- 

vided, however,  that  such  source  of  supply  shall  not  be  located 
more  than  ten  miles  distance  from  the  corporate  limits  of  said 
city  or  village  and  that  such  line  or  lines  of  water  pipe  shall  not 
interfere  with  any  railroad,  sewer,  gas  pipes,  water  pipes,  or 
other  conduit  already  laid  in  or  under  such  public  or  private 
road,  highway,  street,  alley  or  public  ground  by  public 
authority:  And  provided also , that  such  company  shall,  in  the 

construction  and  repair  of  said  line  or  lines  of  water  pipe,  re- 
store such  public  or  private  road,  highway,  street,  alley  or  pub- 
lic ground,  to  the  same  condition  as  before,  and  shall  not  unnec- 
essarily interfere  with  the  public  use  of  the  navigation  of  said 
waters:  Provided , further , the  laying  of  such  water  pipes  or 

other  work  shall  be  done  under  such  reasonable  regulations  as 
the  authorities  cf  any  township,  town,  city  or  village  wherein 
such  work  is  done  may  prescribe. 


118  STATUTES  RELATING  TO  CITY. 

267d.  Proceed  under  right  of  eminent  domain.]  § 2. 

When  it  is  necessary  for  the  construction,  maintenance,  and 
operation  of  such  line  or  lines  of  water  pipes,  pumping  stations, 
reservoirs  or  oilier  appurtenaces,  to  take  or  damage  private 
property,  the  same  may  be  done,  and  the  compensation  therefor 
may  be  ascertained  and  made  in  the  manner  which  may  be  then 
provided  by  law  for  the  exercise  of  the  right  of  eminent  do- 
main. 

267e.  Punishment  of  person  interfering.]  § 3.  Any  per- 
son who  shall  unlawfully  and  intentionally  molest  or  destroy 
any  part  or  portion  of  said  line  or  lines  of  water  pipe,  pump- 
ing stations,  reservoirs  or  other  appurtenances,  or  the  material 
or  property  belonging  thereto,  or  shall  in  any  manner  interfere 
with  the  construction,  maintenance  or  operation  thereof,  shall, 
on  conviction  thereof,  be  deemed  guilty  of  a misdemeanor  and  be 
punished  by  a fine  not  exceeding  $100,  said  fine  to  be  recover- 
able in  any  court  having  jurisdiction  of  the  offense : Provided, 

that  prosecution  under  the  foregoing  provisions  of  this  section 
shall  not  in  any  manner  prevent  a recovery  by  the  company  en- 
titled thereto,  of  the  amount  of  damages  done  to  said  property. 

AN  ACT  to  enable  cities,  towns  and  villages  incorporated  under  any  general  or 
special  law  of  this  State  to  fix  the  rates  and  charges  for  the  supply  of  water 
furnished  by  any  individual,  company  or  corporation  to  any  such  city,  town  or 
village  and  the  inhabitants  thereof.  [Approved  June  6,  1891.  In  force  July  1. 
1891.  Law  s 1891,  p.  85.] 

267f.  May  fix  rates  for  water  supply.]  § 1.  Be  it  enacted 

by  the  People  of  the  State  ofilllinois,  represented  in  the  General 
Assembly,  That  the  corporate  authorities  of  any  city,  town  or 
village,  now  or  hereafter  incorporated  under  any  general  or 
special  law  of  this  State,  in  which  any  individual,  company  or 
corporation  has  been,  or  hereafter  may  be,  authorized  by  such 
city,  town  or  village  to  supply  water  to  such  city,  town  or  vil- 
lage and  the  inhabitants  thereof,  be  and  are  hereby  empowered 
to  prescribe  by  ordinance  maximum  rates  and  charges  for  the 
supply  of  water  furnished  by  such  individual,  company  or  cor- 
poration to  such  city,  town  or  village  and  the  inhabitants  there- 
of, such  rates  and  charges  to  be  just  and  reasonable.  And  in 
case  the  corporate  authorities  of  any  such  city,  town  or  village 
shall  fix  unjust  and  unreasonable  rates  and  charges,  the  same 


LOCATION  OF  SOURCE  OF  SUPPLY. 


119 


may  be  reviewed  and  determined  by  the  Circuit  Court  of  the 
county  in  which  such  city,  town  or  village  may  be. 

AN  ACT  to  aid  cities  owning  or  operating  Water  Works  to  secure  an  additional 

or  better  supply  of  pure  water.  [Approved  and  in  force  May  27,  1881. 

Laws  1881,  p.  157.] 

268.  Cities — powers  and  privileges.]  § 1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois , represented  in  the  Gen- 
eral Assembly , That  all  cities  owning  or  operating  water  works 
under  any  charter  granted  by  act  of  any  General  Assembly  of 
this  State,  or  under  the  general  incorporation  laws  of  this  State, 
whether  by  boards  of  water  commissioners  or  by  officers  ap- 
pointed for  that  purpose,  are  hereby  granted  the  following  pow- 
ers and  privileges,  for  the  purpose  of  increasing  or  bettering 
the  source  of  supply  from  which  such  water  is  obtained. 

269.  Powers  of  board — may  raise  money — vote.]  § 2. 

Whenever,  in  the  judgment  of  a majority  of  any  board  of  water 
commissioners,  or  if  there  be  no  such  board,  then  in  the  judg- 
ment of  a majority  of  the  city  council  of  any  city  owning  or 
operating  such  water  works,  Nit  shall  be  necessary  for  the  public 
health,  or  for  any  other  cause,  to  increase  the  source  of  water 
supply,  or  to  substitute  for  it  such  better  source  as,  in  their 
judgment,  the  interests  of  such  city  may  demand,  such  board  of 
water  commissioners  or  city  council  may,  in  addition  to  the  pow- 
ers already  conferred  upon  them  by  act  of  any  general  assembly 
of  this  State,  construct  wells,  either  by  boring  or  excavation, 
and  protect  and  equip  the  same  after  construction,  or  may  lease 
water  privileges  from  private  parties  or  corporations  owning 
wells  already  or  hereafter  to  be  constructed,  and  may  pay  for 
such  construction  or  lease,  and  for  the  expenses  maintained  in 
operating  the  same,  out  of  any  earnings  of  such  water  works 
under  their  control  which  may  be  in  their  hands  at  the  time  of  the 
taking  effect  of  this  act,  or  which  may  accrue  to  them  hereafter : 
Provided , that  no  money  shall  be  expended  under  the  provis- 
ions of  this  act,  for  the  purposes  herein  specified,  until  the 
question  of  the  expenditure  of  such  money  for  the  purposes 
aforesaid  shall  have  been  submitted  to  a vote  of  the  people  of 
the  city  in  which  such  water  works  may  be  situated,  at  any  elec- 
tion for  city  officers  or  special  election  called  for  that  purpose 
by  the  city  council  of  said  city,  and  shall  have  received  a ma- 
jority of  the  votes  cast  at  such  election:  Provided , further , 


120 


STATUTES  RELATING  TO  CITY. 


that  no  money  shall  be  expended  under  the  provisions  of  this 
act,  for  the  purposes  aforesaid,  other  than  the  surplus  earnings 
of  such  water  works. 

270.  Emergency.  ] § 3.  Whereas,  an  emergency  exists,  this 

act  shall  be  in  force  and  take  effect  from  and  after  its  passage. 

TO  BUILD,  PURCHASE  OR  EXTEND  WATER  WORKS 
SYSTEMS  FOR  PUBLIC  AND  DOMESTIC  USE 
AND  TO  PROVIDE  FOR  THE’  COST. 

AN  ACT  authorizing  cities,  towns  and  villages  to  build,  purchase  or  extend  water 
works  systems  for  public  and  domestic  use,  and  to  provide  for  the  cost  thereof, 
[Approved  April  22,  1899.  In  force  July  1,  1899.  L.  1899,  p.  104. 

270a.  May  acquire  water  works — payment  for  such  building 
or  purchase.]  § 1.  Be  it  enacted  by  the  People  of  the  State 
of  Illinois , represented  in  the  General  Assembly , Every  city, 
incorporated  town  and  village  in  this  State,  is  hereby  authorized 
to  acquire  water  works  for  supplying  water  for  public  use,  and 
for  domestic  use  of  its  inhabitants  by  building  or  purchasing  a 
water  works  system  or  enlarging  or  extending  an  existing  sys- 
tem. In  payment  for  such  building,  purchase  or  enlargement 
any  such  municipality  may  issue  certificates  of  indebtedness 
limited  in  their  payment  solely  to  the  water  fund  hereinafter 
provided  for ; such  certificates  may  bear  interest  at  a rate  of  not 
exceeding  six  per  centum  per  annum,  payable  semi-annually, 
and  shall  only  be  issued  at  not  less  than  par  value  in  payment 
for  the  building,  purchase  or  extension  of  a water  works  system. 

270b.  Ordinance — publication  of — petition — submission  to 
vote.]  § 2.  Any  such  municipality  desiring  to  avail  itself  of 
the  provisions  of  this  act  shall  first  pass  an  ordinance,  fixing 
in  a general  way  the  capacity  of  the  water  works  system  it  is 
proposed  to  acquire,  and  referring  to  the  plans  and  specifica- 
tion therefor,  which  shall  be  open  to  the  inspection  of  the  pub- 
lic; which  said  ordinance  shall  fix  the  rates  at  which  water  is 
to  be  supplied  for  all  private  purposes,  and  said  rates,  so  fixed, 
shall  not  thereafter  be  reduced  until  the  certificates  issued  for 
acquiring  or  enlarging  the  water  works,  and  the  interest  there- 
on, are  fully  paid.  Which  said  ordinance  shall  be  published 
in  a newspaper  published  in  such  municipality,  at  least  once  in 
each  week  for  three  successive  weeks.  And  if  no  petition  shall 


TO  BUILD,  PURCHASE  OR  EXTEND  WATER  WORKS.  121 

be  filed  with  the  clerk  of  such  municipality  as  hereinafter  pro- 
vided, within  twenty-one  days  after  the  first  publication  of  said 
ordinance,  then  the  corporate  authorities  may  proceed  to  carry 
out  the  provisions  of  the  ordinance.  But  if  within  said  period 
of  twenty-one  days  there  shall  be  filed  with  the  clerk  of  such 
municipality  a petition,  signed  by  twenty  per  cent  of  the  num- 
ber of  voters  voting  for  presiding  officer  of  the  legislative  body 
of  such  municipality  at  the  next  preceding  general  city,  town 
or  village  ^election,  asking  that  the  question  of  acquiring  or  en- 
larging a water  works  system  be  submitted  to  a vote.  It  shall 
then  be  the  duty  of  the  legislative  body  of  such  municipality 
to  call  a special  election  in  the  manner  provided  by  law,  to  vote 
upon  such  question,  and  if  it  appear  that  a majority  of  the  vot- 
ers voting  upon  such  question  at  such  election  vote  in  favor  of 
acquiring  or  enlarging  the  water  works,  then  said  ordinance 
shall  be  in  full  force  and  effect,  and  the  corporate  authorities 
may  proceed  to  carry  out  the  provisions  thereof,  but  if  a ma- 
jority of  the  votes  cast  are  against  such  acquiring  or  enlarging, 
then  said  city,  incorporated  town  or  village  shall  proceed  no 
further  for  the  period  of  six  months  next  ensuing. 

270c.  Water  fund — certificates — payment  of.]  § 3.  When- 
ever any  such  municipality  shall  avail  itself  of  the'  provisions 
of  this  act,  the- entire  proceeds  arising  from  the  operation  of 
the  water  works  system  thereof  shall  be  paid  into  a fund  known 
as  the  “water  fund,”  and  which  fund  shall  be  and  remain  in- 
violate until  the  certificates  issued  under  the  terms  hereof  and 
the  interest  thereon  is  fully  paid,  and  the  treasurer  of  such  mu- 
nicipality shall  not  pay  any  warrants  drawn  on  said  fund  un- 
less the  same  be  drawn  in  payment  of  the  necessary  operating 
expenses  of  such  water  works  system,  or  in  payment  of  the  cer- 
tificates issued  hereunder  or  the  interest  thereon. 

270d.  May  mortgage  water  works  system.]  § 4.  In  order 
to  secure  in  the  most  ample  manner  the  payment  of  the  water 
certificates,  authorized  as  aforesaid,  any  such  municipality  may 
convey  by  way  of  mortgage  or  deed-  of  trust  the  water  works 
system  so  acquired  or  enlarged  which  said  mortgage  or  deed  of 
trust  shall  be  acknowledged  and  recorded  in  the  same  manner 
as  mortgages  of  real  property,  and  which  mortgage  or  deed  of 


—6 


122 


STATUTES  RELATING  TO  CITY. 


trust  may  contain  such  provisions  and  conditions  as  arc  reason- 
ably necessary  to  fully  secure  the  payment  of  said  water  cer- 
tificates. 

270e.  Foreclosure  of  certificates.]  § 5.  Whenever,  and  as 
often  as  default  shall  be  made  in  the  payment  of  water  certi- 
ficates, issued  as  aforesaid,  and  such  default  shall  continue  for 
the  space  of  ninety  days,  it  shall  be  lawful  for  said  mortgagee 
or  trustee  to  declare  the  whole  of  the  principal  and  interest  of 
such  certificates  at  once  due  and  payable,  and  proceed  to  fore 
close  the  same  in  any  court  of  competent  jurisdiction,  and  in 
any  decree  to  be  rendered  in  such  suit  of  foreclosure  there  shall 
be  included  a reasonable  solicitor’s  fee  for  the  complainant’s  so- 
licitor, and  such  decree  shall  fix  reasonable  rates  for  water  fur- 
nished from  said  water  works  system  for  public  uses  during  the 
time  that  such  muncipality  shall  be  deprived  of  the  possession 
thereof,  as  hereinafter  provided,  and  upon  any  sale  under  such 
decree  of  foreclosure  the  person  or  corporation  offering  to  sat- 
isfy said  decree  for  the  rents,  incomes  and  profits  of  said  water 
works  system  for  the  least  number  of  years,  not  exceeding  fifty, 
shall  become  the  purchaser  thereof,  and  on  satisfying  said  de- 
cree shall  be  let  into  the  use,  occupation  and  enjoyment  of  said 
water  works  system  during  the  period  of  time  for  which  the 
same  were  sold,  and  during  such  period  such  purchaser  or  as- 
signs shall  be  entitled  to  receive  and  collect  for  water  furnished 
for  private  uses  the  rates  prescribed  in  the  ordinance  provided 
for  in  section  2 of  this  act,  and  shall  be  Entitled  to  receive  and 
collect  the  reasonable  rates  fixed  for  the  public  uses  of  water 
in  such  decree.  At  the  end  of  said  period  said  purchasers  or 
assigns  shall  deliver  said  water  works  system  to  such  munici- 
pality in  as  good  condition  as  when  the  same  was  received,  or- 
dinary wear  and  tear  excepted. 

270f.  Rights  of  purchaser  at  foreclosure  sale.]  § G.  Dur- 
ing the  period  of  time  when  the  purchaser  at  such  foreclosure 
sale  shall  be  entitled  to  the  use  and  enjoyment  of  said  water 
works  system,  it  shall  not  be  competent  for  such  municipality 
to  construct  or  authorize  any  other  person  or  corporation  to 
construct  a competing  system  of  water  works,  nor  shall  it  be 
competent  for  the  purchaser  at  such  foreclosure  sale,  or  assigns. 


TO  BUY  OK  CONSTRUCT  WATER  WORKS. 


123 


to  extend  the  water  works  system  so  purchased,  except  upon 
such  terms  as  such  municipality  may  authorize. 

270g.  How  act  construed.]  § 7.  This  shall  be  deemed  and 
construed  to  confer  powers  in  addition  to  but  not  limiting  those 
now  existing. 

TO  BUY  OR  CONSTRUCT  WATER  WORKS  AND  TO  PRO- 
VIDE FOR  THE  MANAGEMENT  THEREOF,  ETC. 

AN  ACT  to  enable  cities  and  villages  to  buy  or  construct  water  works,  and  to 
provide  for  the  management  thereof,  and  giving  them  authority  to  levy  an 
annual  tax  and  to  pledge  same  in  payment  therefor.  [Approved  April  19, 1899. 
In  force  July  1,  1899.  L.  1899,  p.  108. 

270h.  Power  to  levy  a direct  annual  tax  of  not  more  than 
one  per  cent.]  § 1.  Be  it  enacted  by  the  People  of  the  Stat& 
of  Illinois , represented  in  the  General  Assembly,  That  cities 
and  villages  shall  have  the  power  to  levy,  in  addition  to  the  taxes 
now  authorized  by  law,  a direct  annual  tax  of  not  'more  than 
one  cent  on  the  dollar  upon  all  the  property  within  the  cor- 
porate limits  of  the  city  or  village,  said  tax  to  be  payable  yearly 
for  a period  of  not  more  than  thirty  years ; the  proceeds  of  said 
tax  to  be  used  solely  for  the  purchase  or  construction  of  water 
works. 

270i.  Contract  for  purchase  or  erection  of  waterworks — 
direct  annual  tax.]  § 2.  Whenever  any  city  or  village  de- 
sires to  avail  itself  of  the  provisions  of  this  act,  the  city  council 
or  the  board  of  trustees,  as  the  case  may  be,  may,  by  ordinance 
or  resolution,  contract  for  the  purchase  or  erection  of  water  works 
for  a provisionally  certain  fixed  sum,  or  may  so  contract  for 
purchase  and  extension  if  the  plant  proposed  to  be  purchased 
shall  be  inadequate,  and  such  contract  for  erection  or  purchase, 
together  with  a report  from  the  city  or  .village  engineer  rec- 
ommending the  same,  shall  be  published  at  least  once  a week  for 
three  consecutive  weeks  in  a daily  or  weekly  newspaper  pub- 
lished in  said  city  or  village,  and  shall  at  the  same  time  pro- 
vide by  resolution  or  ordinance  for  the  levying  of  a direct  an- 
nual tax  as  authorized  in  section  1 of  this  act,  the  total  of  which 
said  tax  for  the  term  levied,  together  with  the  annual  revenue 
which  is  estimated  to  be  derived  from  the  works,  shall  be  suf- 
ficient to  pay  the  contract  price  for  the  works,  together  with  in- 
terest on  same;  but  such  contract  for  purchase  or  erection,  and 


124 


STATUTES  RELATING  TO  CITY. 


such  tax,  shall  not  be  valid  or  binding  until  confirmed  by  vote, 
as  follows: 

270j.  Such  contract  and  tax  after  action  by  the  council  to  be 
submitted  to  voters — manner  of  submission.]  § 3.  Such  con- 
tract and  tax,  after  action  by  the  council  or  trustees  as  aforesaid, 
shall,  before  they  shall  be  valid  and  binding,  be  submitted  for 
ratification  to  the  voters  of  the  city  or  village  at  a regular  or 
special  -election  by  giving  notice  of  same,  which  notice  shall 
specify  the  character  of  the  said  works  proposed  to  be  erected 
or  purchased  and  the  amount  of  tax  to  be  levied,  and  said  notice 
shall  be  posted  in  ten  public  places  within  such  city  or  village 
at  least  three  weeks  prior  to  said  election,  and  also  by  publica- 
tion three  times  in  a daily  or  weekly  newspaper  published  in 
said  city  or  village,  and  for  three  weeks  preceding  such  election 
there  shall  be  on  file  in  some  public  place,  convenient  of  access, 
a full  description  of  works,  copy  of  contract  and  report  of  en- 
gineer, for  the  inspection  of  the  voters,  and  notice  of  where  said 
plans  and  specifications  are  on  file  shall  be  included  in  the  notice 
of  election.  If  three-fourths  of  all  the  voters  voting  on  said 
proposition  shall  vote  in  favor  of  said  contract  and  tax,  the  same 
shall  be  binding  and  the  tax  duly  levied.  The  ballots  at  such 
election  shall  read : 


“Proposition  to  construct  or  purchase  (or  both) 

Yes. 

Yo. 

water  works  and  levy  a tax  of annually  for 

years.” 

270k.  Power  of  city  council  and  board  of  trustees  under  this 
act.]  § 4.  The  city  council  in  cities  and  the  board  of  trustees 
in  villages  shall  have  the  power  to  carry  into  execution  the  con- 
tract for  the  erection  or  purchase  of  water  works  when  ratified 
by  the  voters,  as  directed  in  section  3,  and  employ  a superin- 
tendent and  such  other  employes  as  may  be  necessary  and  proper 
for  the  operation  of  such  works  for  the  collection  of  water  ren- 
tals and  for  the  conduct  of  the  business  necessary  to  the  opera- 
tion thereof. 

2701.  Power  to  issue  bonds  against  taxes  levied.]  § 5. 

The  city  council  in  cities  and  the  board  of  trustees  in  villages 


TO  BUY  OR  CONSTRUCT  WATER  WORKS. 


125 


shall  have  the  power  to  issue  bonds  against  the  taxes  levied,  the 
same  to  be  payable  only  out  of  said  special  tax  when  collected 
and  out  of  the  net  revenue  derived  from  the  operation  of  said 
works. 

270m.  Bonds — when  to  mature — interest]  § 6.  The  said 
bonds  shall  be  made  to  mature  in  as  nearly  as  possible  equal 
installments  of  one  hundred  dollars,  or  multiples  thereof,  the 
first  installment  to  be  payable  one  or  two  years  from  date,  the 
last  installment  within  one  year  after  date  of  the  last  tax  levy 
provided  in  the  vote  authorizing  said  levy.  The  bonds  shall  bear 
interest  at  a rate  not  to  exceed  six  per  cent,  payable  annually  or 
semi-annually,  shall  be  sold  for  not  less  than  par,  or  may  be 
paid  out  at  not  less  than  par  for  the  construction  or  purchase  of 
said  works. 

270n.  Form  of  bonds.]  § 7.  Said  bonds  shall  be  substan- 
tially in  the  following  form : 

The  city  or  village  of , county  of , State  of  Illi- 
nois, for  value  received  hereby  promises  to  pay  to  bearer 

hundred  dollars,  lawful  money  of  the  United  State  of  America, 
on  the day  of A.  D , together  with  inter- 

est thereon  at  the  rate  of  ....  per  centum,  payable  annually 

on  the  day  of  A.  D Both  principal 

and  interest  payable  at  the 

This  bond  is  one  of  a series  of  bonds  amounting  to 

dollars,  issued  by  ordinance  of  the  city  (or  village)  of , 

and  is  payable  solely  out  of  funds  derived  from  special  tax 
levy  and  net  revenue  of  the  water  works  of  the  city  (or  village) 

of  ; the  erection  or  purchase  of  said  works  and 

levy  of  said  tax  having  been  authorized  at  an  election  legally 

called  and  held  on  the day  of - , A.  D ; 

and  out  of  no  other  funds.  And  it  is  hereby  recited  that  all 
acts,  conditions  and  things  precedent  to  and  in  the  issuance  of 
this  bond  have  been  properly  done,  happened  and  performed  in 
regular  and  due  form  as  required  by  law. 

In  testimony  whereof  the  city  council  (or  board  of  trustees) 
has  caused  this  bond  to  be  signed  by  the  mayor  (or  president) 


126 


STATUTES  RELATING  TO  CITY. 


and  countersigned  by  the  clerk,  and  caused  the  seal  of  the  city 
or  village  to  be  affixed  this day  of , A.  D 

, Mayor. 

, Clerk. 

Coupons  representing  the  interest  shall  be  attached  thereto, 
which  may  be  signed  or  bear  the  lithographed  signature  of  the 
clerk  of  said  city  or  village. 

270o.  Fixing  water  rentals  or  rates.]  § 8.  The  board  of 
trustees  or  city  council  shall  from  time  to  time  fix  the  water  ren- 
tals or  rates  to  be  charged  for  the  furnishing  of  water,  and  such 
shall  be  made  sufficient,  together  with  the  proceeds  of  the  special 
tax  provided  by  the  act  to  pay  at  maturity  the  interest  and  prin- 
cipal of  bonds  issued  under  the  provisions  of  the  act,  and  also 
for  the  proper  maintenance  and  operation  of  such  works,  the 
proper  and  necessary  extension  thereof,  and  for  all  repairs 
thereon. 

270p.  Water  district  created  by  two  or  more  villages,  etc. — 
how  governed.]  § 9.  Any  two  or  more  villages  or  cities  adja- 
cent to  each  other  may  elect  by  ordinance  to  create  a water  dis- 
trict, said  district  to  be  governed  by  a board  of  trustees  com- 
posed of  the  joint  city  councils  or  village  boards  of  each  and 
every  such  city  and  village,  which  said  board  of  trustees  shall 
have  the  power  given  to  city  councils  of  boards  of  trustees  in 
this  act,  and  said  water  districts  shall  be  a body  corporate  to 
carry  out  the  provisions  of  the  act,  but  notice  of  any  election  held 
by  such  water  district  under  this  act  shall  be  given  in  each  and 
every  city  and  village  combining  into  the  district,  and  if  the 
election  shall  not  carry  by  three-fourths  of  all  voters  voting  in 
each  city  or  village  in  said  district,  then  the  proposed  contract 
and  tax  shall  be  considered  to  have  failed  of  ratification  and 
to  be  void. 

270q.  This  act  confers  additional  powers  on  city  councils, 
etc.]  § 10.  This  act  shall  be  considered  as  conferring  addi- 
tional power  on  city  councils  and  boards  of  trustees,  and  as  in 
addition  to  and  not  limiting  powers  now  given  cities  and  vil- 
lages, city  councils  and  boards  of  trustees  by  law. 


SALARIES  OF  CITY  OFFICERS. 


127 


SALARIES  OF  CITY  OFFICERS. 

AN  ACT  to  enable  the  corporate  authorities  of  cities  to  establish  and  fix  the 

salaries  of  city  officers.  [Approved  and  in  force  April  23,  1873.] 

271.  When  to  be  fixed — not  changed  during  term.]  § 1. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois , represented 
in  the  General  Assembly,  It  shall  and  may  be  lawful  for  the 
common  council  or  legislative  authority  Qf  any  city  in  this  State 
to  establish  and  fix  the  amount  of  salary  to  be  paid  any  and  all 
city  officers,  as  the  case  may  be,  except  members  of  such  legisla- 
tive body,  in  the  annual  appropriation  bill  or  ordinance  made 
for  the  purpose  of  providing  for  the  annual  expenses  of  any  such 
citiq  or  by  some  ordinance  prior  to  the  passage  of  such  annual 
appropriation  bill  or  ordinance;  and  the  salaries  or  compensa- 
tion thus  fixed  or  established,  shall  neither  be  increased  nor  di- 
minished by  the  said  common  council  or  legislative  authority 
of  any  such  city,  after  the  passage  of  said  annual  appropriation 
bill  or  ordinance,  during  the  year  for  which  such  appropriation 
is  made,  and  no  extra  compensation  shall  ever  be  allowed  to 
any  such  officer  or  employe  over  and  above  that  provided  in  man- 
ner aforesaid.  [See  § 84,  85. 

272.  Emergency.]  § 2.  Whereas  the  corporate  authorities 
of  certain  cities  in  this  State  have  no  power  to  establish  or  fix 
the  salaries  of  their  city  officers  in  certain  cases,  whereby  an 
emergency  exists  requiring  this  act  to  take  immediate  effect; 
therefore,  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


MAYOR’S  BILL. 

AN  ACT  concerning  the  appointment  and  removal  of  city  officers  in  all  cities 
in  this  State,  conferring  additional  powers  and  duties  upon  mayors,  and  con- 
cerning appropriations,  bills  or  ordinances  that  may  be  passed  in  such  cities. 
[Approved  and  in  force  April  10,  1875.  Laws  1875,  p.  41.] 

273.  Power  of  mayor  and  council — repeal.]  g 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois , represented  in 
the  General  Assembly, 

Note.— All  except  the  enacting  clause  of  section  one  of  this  act  is  repealed  by 
act  approved  May  28,  1879.  In  force  July  1,  1879.  L.  1879,  p.  65. 

274.  Approval  and  veto  of  ordinances.]  § 2.  All  ordin- 
ances passed  by  the  city  council  shall,  before  they  take  effect,  be 
deposited  in  the  office  of  the  city  clerk,  and  if  the  mayor  ap- 
proves thereof,  he  shall  sign  the  same,  and  such  as  he  shall  not 
approve  he  shall  return  to  the  council,  with  his  objections 


STATUTES  RELATING  TO  CITY. 


128 


thereto,  in  writing,  at  the  next  regular  meeting  of  the  council 
occurring  not  less  than  five  days  after  the  passage  thereof.  Such 
veto  may  extend  to  any  one  or  more  items  or  appropriations 
contained  in  any  ordinance,  and  in  case  the  veto  only  extends 
to  a part  of  such  ordinance,  the  residue  thereof  shall  take  effect 
and  be  in  force ; but  in  case  the  mayor  shall  fail  to  return  any  or- 
dinance with  his  objections  thereto,  by  the  time  aforesaid,  he 
shall  be  deemed  to  have  approved  such  ordinance,  and  the  same 
shall  take  effect  accordingly. 

275.  Passage  over  mayor’s  veto.]  § 3.  Upon  the  return 

of  any  ordinance  by  the  mayor,  the  vote  by  which  the  same  was 
passed  shall  be  reconsidered  by  the  council ; and  if,  after  such  re- 
consideration, two-thirds  of  all  the  members  elected  to  the  city 
council  shall  agree,  by  yeas  and  nays,  to  pass  the  same,  it  shall 
go  into  effect,  notwithstanding  the  mayor  may  refuse  to  ap- 
prove thereof.  The  vote  to  pass  the  same  over  the  mayor’s  veto 
shall  be  taken  by  yeas  and  nays,  and  entered  on  the  journal. 

276.  Emergency.]  § 4.  Whereas,  the  legislative  authori- 
ties in  many  cities  pass  their  appropriation  bills  before  the  first 
day  of  July  next,  and  mayors  have  no  power  to  veto  a part  of 
such  appropriation  or  ordinance,  wherefore  an  emergency  ex- 
ists; therefore,  this  act  shall  take  effect,  and  be  in  force  from 
and  after  its  passage. 

REBATE  AND  REDUCTION  OF  TAXES,  ETC. 

» 

AN  ACT  to  prevent  the  unjust  collection,  by  incorporated  cities  and  towns,  of 
taxes  levied  upon  property  destroyed  by  fire,  and  to  authorize  the  common 
council  of  such  cities  or  board  of  trustees  of  such  towns,  to  change  or  amend 
appropriation  bills,  to  pass  new  appropriation  bills,  to  reduce  taxes  and 
special  assessments  in  certain  cases,  and  to  discontinue  special  improve- 
ments. [Approved  and  in  force  January  18,  1872.  L.  1871-2,  p.  270.] 

277.  Rebate  when  property  destroyed.  ] § 1.  Be  it  enacted 

by  the  People  of  the  State  of  Illinois , represented  in  the  General 
Assembly , That  whenever,  in  any  incorporated  city  or  town  in 
this  State,  any  property  listed  or  assessed  for  municipal 
taxation,  shall  have  been  or  shall  hereafter  be  destroyed  by  fire, 
in  whole  or  in  part,  before  the  levy  of  the  municipal  taxes  of 
such  city  thereon,  or  before  the  municipal  taxes  levied  thereon 
shall  have  been  collected,  it  shall  and  may  be  lawful  for  the 
mayor  of  such  city  or  town — if  there  be  no  mayor,  then  the 
president  of  the  board  of  trustees,  the  city  comptroller,  if  there 
should  be  one ; and  if  not,  then  the  city  clerk  or  town  clerk,  and 


REBATE  AND  REDUCTION  OF  TAXES,  ETC. 


129 


the  tax  commissioner,  if  there  should  be  one;  if  not,  then  the 
chairman  of  the  finance  committee  of  the  city  council,  or  board 
of  trustees — to  rebate  or  remit  so  much  of  such  tax  or  taxes, 
so  levied  upon  such  property,  as  in  their  opinion  should  be  re- 
bated or  remitted  by  reason  of  such  property  having  been,  in 
whole  or  in  part,  destroyed  by  fire. 

278.  Reduce  or  release  tax  or  assessment.]  § 2.  That 

whenever,  in  any  incorporated  city  or  town  in  this  State,  any 
large  portion  of  the  taxable  property  of  such  city  shall  have  been 
or  shall  hereafter  be  destroyed  by  fire,  so  as  to  seriously  impair  or 
affect  the  ability  of  the  property  owners  of  such  city  or  town 
to  pay  taxes  or  special  assessments  thereon,  and  an  appropria- 
tion bill  has  been  made  or  passed,  or  special  improvements  or- 
dered before  such  fire,  and  the  tax  or  assessment  for  the  pay- 
ment or  raising  of  the  same  has  not  been  levied  or  collected,  it 
may  be  lawful  for  the  city  council  or  board  of  trustees  of  any 
such  town  to  alter,  revise,  change,  reduce  or  vacate,  or  repeal 
such  appropriation  bill,  or  any  part  of  the  same,  and  to  order 
the  discontinuance  of  said  special  improvements,  or  any  of  the- 
same,  or  to  reduce  the  amount  of  taxes  or  special  assessments 
ordered  to  be  levied,  or  assessed,  or  collected  for  any  general 
or  special  purpose,  and  to  pass  a new  appropriation  bill;  which 
new  appropriation  bill  shall  have  the  same  force  and  effect  as 
if  the  same  had  been  passed  within  the  time  prescribed  by  the 
charter  of  any  such  city  or  such  corporate  town. 

279.  Emergency.]  § 3.  Whereas  a large  amount  of  pro- 
perty listed  for  taxation  in  the  city  of  Chicago,  and  in  other 
cities  and  towns  of  this  State,  has  been  destroyed  by  fire  before 
the  taxes  thereon  have  been  paid,  which  taxes  it  would  be  unjust 
to  collect,  it  is  declared  that  an  emergency  exists  that  this  law 
go  into  force  immediately,  and  therefore  it  is  enacted  that  this 
law  shall  be  in  force  from  and  after  its  passage. 

SEWERAGE,  WATER  AND  LIGHT  TAXES. 

AN  ACT  in  relation  to  the  levy  and  collection  of  taxes  for  sewerage  and  water 
works  in  cities  of  this  State,  that  may  have  established  a system  of  sewerage 
and  water  works  for  such  city,  and  to  repeal  an  act  therein  named,  and  to  au- 
thorize the  cities,  villages  and  incorporated  towns  of  this  State  to  levy  and 
collect  taxes  to  pay  for  water  and  light.  [Approved  June  21.  1883.  In'force 
July  1,  1883.  L.  1883,  p.  68.] 

280.  Sewerage  fund  tax.]  § 1.  Be  it  enacted  by  the  people 
of  the  State  of  Illinois,  represented  in  the  General  Assembly, 


130 


STATUTES  RELATING  TO  CITY. 


That  the  legislative  authority  of  any  city  which  now  has,  or 
may  hereafter  have,  established  a system  of  sewerage  for  such 
city,  shall  have  power  annually  to  levy  and  collect  a tax  upon 
the  taxable  real  and  personal  estate  of  such  city,  not  to  exceed 
one  mill  on  the  dollar,  for  the  extension  and  laying  of  sewers 
therein,  and  the  maintenance  of  such  sewers,  which  tax  shall 
be  known  as  “The  sewerage  fund  tax,”  and  shall  be  levied  and 
collected  in  the  same  manner  that  other  general  taxes  of  any 
such  city  are  levied  and  collected : Provided , however , that  the 

board  of  public  works  of  such  city,  if  any,  or  the  head  of  the 
sewer  department  of  such  city,  shall  first  certify  to  such  legis- 
lative authority  the  amount  that  will  be  necessary  for  such 
purpose:  Provided , further , that  a two-thirds  majority  of  all 

the  members  of  the  legislative  authority  of  such  city  may  levy 
a tax  for  such  purposes  not  to  exceed  three  mills  on  each  dollar 
of  the  taxable  property  of  such  city.  And,  provided,  such 
“sewerage  fund  tax”  shall  not  be  included,  prior  to  the  year 
1891,  in  the  aggregate  amount  of  taxes  as  limited  by  section 
one  (1)  of  article  eight  (8)  of  “An  act  for  the  incorporation  of 
cities  and  villages,”  approved  April  10,  1872.  [As  amended 
by  act  approved  and  in  force  March  22,  1889.  L.  1889,  p.  86. 

281.  Sewerage  fund  and  light  tax.]  § 2.  The  legislative 

authority  of  any  city  which  now  has,  or  which  may  hereafter 
have  established  or  hired  water  works,  for  the  supply  of  water 
to  the  inhabitants  thereof,  shall  have  power  to  annually  levy 
and  collect  a tax  upon  the  taxable  real  and  personal  estate  of 
any  such  city,  whether  organized  under  a special  charter  or  the 
general  law,  not  to  exceed  one  mill  on  the  dollar,  for  the  exten- 
sion of  water  mains  or  pipes  therein,  and  the  maintenance  of 
such  water  works,  or  to  the  creation  of  a sinking  fund  to  be  ap- 
plied to  the  establishment  of  water  works,  which  tax  shall  be 
known  as  the  “Water  Fund  Tax,”  and  shall  be  levied  and  col- 
lected in  the  same  manner  that  other  general  taxes  of  any  such 
city  are  levied  and  collected:  Provided,  that  the  board  of 

public  works  of  such  city,  if  any,  or  the  head  of  the  water  depart- 
ment of  such  city,  shall  first  certify  to  such  legislative  authority, 
the  amount  that  will  be  necessary  for  such  purposes,  and  shall 
further  certify  that  the  revenue  or  income  from  such  water 
works  will  be  insufficient  thereto : Provided,  further,  that  two- 


SEWERAGE,  WATER  AND  LIGHT  TAXES. 


131 


thirds  majority  of  all  the  members  elect  of  the  legislative  au- 
thority of  such  city  may  levy  a tax  for  such  purposes,  not  to  ex- 
ceed three  mills  on  each  dollar  of  the  taxable  property  of  such 
city:  And , provided , further , that  the  legislative  authority  of 
each  of  the  cities,  villages  and  incorporated  towns  in  this  State, 
with  the  concurrence  of  two-thirds  of  the  members  thereof, 
shall  be  authorized  to  levy,  and  collect  annually,  upon  the  tax- 
able property  within  its  limits,  in  addition  to  all  other  taxes  now 
authorized  by  law,  a tax  of  not  exceeding  three  mills  on  the  dol- 
lar of  such  taxable  property  to  be  used  exclusively  for  the  pur- 
pose of  lighting  streets,  and  a further  tax  of  not  exceeding  two 
mills  on  the  dollar  of  such  taxable  property,  to  be  used  exclu- 
sively for  the  purpose  of  supplying  water  to  such  city,  village  or 
incorporated  town:  Provided , also,  that  nothing  in  this  act 

shall  be  so  construed  as  to  increase  the  amount  of  aggregate 
taxes  that  may  be  levied  in  any  one  year  by  any  city  or  village 
as  provided  in  section  one  (1)  of  article  VIII  of  an  act  entitled 
“An  act  to  provide  for  the  incorporation  of  cities  and  villages,” 
approved  April  10,  1872. 

282.  Repeal.]  § 3.  An  act  entitled  “An  act  in  relation  to 
the  levy  and  collection  of  taxes  for  sewerage  and  water  works 
in  the  cities  if  this  State,  that  may  have  established  a system 
of  sewerage  and  water  works  for  such  city,”  approved  and  in 
force  April  22,  1871,  is  hereby  repealed. 

TAXES. 

AN  ACT  to  amend  an  ‘ ‘Act in  regard  to  the  assessment  and  collection  of  munici- 
pal taxes,  ” approved  May  23,  1877.  [Approved  June  11,  1897.  In  force  July 
1,  1897.  L.  1897,  p.  93.] 

283.  How  may  be  assessed  and  collected.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly,  That  “An  act  in  regard  to  the  assessment 
and  collection  of  municipal  taxes,  passed  May  23,  1877,  be  and 
the  same  is  hereby  amended  so  that  hereafter  it  shall  read  as 
follows : 

All  cities,  villages  and  incorporated  towns,  in.  this  State, 
whether  organized  under  the  general  law  or  special  charters,  shall 
assess  and  collect  their  taxes  in  the  manner,  and  have  power 
to  assess  and  collect  them  at  the  rate  provided  for  in  article  (8) 
of  the  act  entitled  “An  act  to  provide  for  the  incorporation  of 


132 


STATUTES  RELATING  TO  CITY. 


cities  and  villages/’  approved  April  10,  1872,  and  in  the  manner 
provided  for  in  the  general  revenue  law  of  this  State;  and  ail 
acts,  or  parts  of  acts,  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed.  [See  § 111-115;  also  “Revenue,”  ch. 
120,  § 122.* 


RATE  OF  TAXATION. 

AN  ACT  in  relation  to  the  rate  of  Taxation  in  Cities,  Villages  and  Incorporated 

Towns.  [Approved  and  in  force  May  30,  1881.  Laws  1881,  p.  59.] 

284.  Rate  of  taxation.]  § 1.  Be  it  enacted  by  the  people 

of  the  State  of  Illinois , represented  in  the  General  Assembly, 
That  all  cities,  villages  and  incorporated  towns  in  this  State  not 
now  having,  by  their  respective  charters,  the  power  to  levy  and 
collect  as  high  a rate  of  taxation  as  is  herein  authorized  and 
provided  for,  shall  hereafter  have  power  to  assess,  levy  and  collect 
annually  upon  the  taxable  property  within  their  respective 
limits,  for  all  corporate  purposes,  in  addition  to  all  taxes  which 
any  such  city,  town  or  village  may  now  or  hereafter  be  authorized 
by  law  to  levy  and  collect  to  support  and  maintain  schools,  erect 
school  buildings  and  for  all  other  school  purposes,  and  to  pay 
interest  on  its  registered  bonded  indebtedness,  such  an  amount 
as  their  respective  corporate  authorities  may  prescribe,  not  ex- 
ceeding in  any  year  the  rate  of  one  per  cent,  of  the  assessed 
valuation  of  such  taxable  property  as  equalized  by  the  State 
Board  of  Equalization  for  the  preceding  year.  And  the  said 
rate  authorized  by  this  act  shall  be  in  lieu  of  all  rates  and  items 
of  taxation  now  provided  and  authorized  in  such  charters,  for 
all  purposes  other  than  for  schools,  the  erection  of  school  build- 
ings, and  all  other  school  purposes,  and  for  paying  interest  on 
the  registered  bonded  indebtedness  of  such  city,  town  or  village. 

285.  Legalization — levy.]  § 2.  Every  tax  levy  made  for 
lawful  corporate  purpose  by  any  city,  village  or  incorporated 
town,  within  this  State,  in  the  year  1880,  up  to  the  rate  of  taxa  - 
tion above  authorized,  is  hereby  ratified,  authorized,  legalized 
and  confirmed  to  the  same  effect  in  all  respects  as  though  such 
levy  had  been  made  subsequent  to  the  going  into  effect  of  this 
act. 


* [Note.— The  act  which  this  act  amends  in  effect  repealed  that  of  April  15, 
1873.  See  R.  S.  1874,  p.254.  The  act  of  May  5,  1877,  for  collection  of  back  taxes, 
and  of  May  21, 1877,  to  cure  defects  in  water  assessments,  are  omitted,  being  tem- 
porary.] 


SURPLUS  FUND  OF  TAX. 


133 


286.  Emergency.]  § 3.  Whereas,  an  emergency  exists,  by 
reason  of  certain  cities  in  this  State  being  now  without  necessary 
power  to  levy  taxes,  therefore,  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

SURPLUS  FUND  OF  TAX. 

AN  ACT  to  prohibit  any  city,  town  or  village  in  this  State  from  receiving  from 
the  county  treasury  a greater  proportion  of  the  surplus  fund  or  tax  than  shall 
be  received  by  any  other  city,  town  or  village  within  the  same  county.  [Ap- 
proved May  4,  1877,  and  in  force  July  1,  1877.  Laws  of  1877.] 

287.  Proportion  of  tax.]  § 1.  Be  it  enacted  by  the  people 
of  the  State  of  Illinois , represented  in  the  General  Assembly , 
That  no  city,  town  or  village  within  any  county  in  this  State, 
shall  be  entitled  to  or  shall  receive  from  the  county  treasury  of 
such  county  any  greater  proportion  of  surplus  of  all  taxes  which 
may  be  collected  for  county  purposes,  than  any  other  city,  town 
or  village  within  the  county. 

288.  Drawback — amount  city,  etc.,  may  receive.]  § 2. 

Nor  shall  any  such  city,  town  or  village  be  entitled  to,  or  receive 
from  the  county  treasury  any  greater  drawback  of  its  proportion 
of  the  taxes  paid  into  the  county  treasury,  by  reason  of  any  ap- 
propriation by  the  county  board,  out  of  the  county  treasury  for 
the  making  and  repairing  of  roads  and  highways,  the  building 
and  repairing  of  bridges  in  such  county,  without  any  such  city, 
town  or  village  within  such  county,  than  is  now  allowed  by  law 
to  all  other  cities,  towns  and  villages  within  the  same  county. 
Any  acts,  or  parts  of  acts,  conflicting  with  this  act,  are  hereby 
repealed. 


LABOR  ON  STREETS. 

AN  ACT  providing  for  labor  on  the  streets  and  alleys  of  all  cities  and  villages  in 
this  State.  [Approved  May  31,  1879.  In  force  July  1,  1879.  L.  1879,  p.  79.] 

289.  Labor  on  streets,  etc.]  § 1.  Be  it  enacted  by  the  Peo- 
ple of  the  State  of  Illinois,  represented  in  the  General  Assembly, 
That  the  city  council  in  all  cities  and  the  president  and  board  of 
trustees  in  all  villages  in  this  State,  may  have  power,  by  ordi- 
nance, to  require  every  able  bodied  male  inhabitant  of  any  such 
city  or  village,  above  the  age  of  twenty-one  years,  and  under 
the  age  of  fifty  years  (excepting  paupers,  idiots,  lunatics,  and 
such  others  as  are  exempt  by  law),  to  labor  on  the  streets  and 
alleys  of  any  such  city  or  village,  not  more  than  two  (2)  days 


STATUTES  RELATING  TO  .CITY. 


134 

in  each  year;  but  such  ordinance  shall  provide  for  commutation 
of  such  labor  at  seventy-five  cents  per  day. 

290.  Fines  and  penalties.]  § 2.  Any  such  city  council  or 
president  and  board  of  trustees  or  any  such  village  shall  have 
power,  by  ordinance,  to  provide  such  fines  and  penalties  as  may 
be  necessary  to  enforce  the  provisions  of  this  act. 


SIDEWALKS. 

AN  ACT  to  provide  additional  means  for  the  construction  of  sidewalks  in  cities, 

towns  and  villages.  [Approved  April  15,  1875.  In  force  July  1,  1875.  Laws 

1875,  p.  63.] 

Note.— The  act  approved  June  21,  1895,  entitled  ‘ An  act  to  amend  Sec.  17, 
Art.  9,  of  an  act  to  provide  for  the  incorporation  of  cities  and  villages,  ” approved 
April  10,  1872,  does  not,  by  implication,  repeal  this  act.  See  People  ex  rel.  Glea- 
son, etc.,  v Yancey,  lo7  111.,  255. 

291.  Sidewalks  by  taxation.]  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  Assem- 
bly, That  in  addition  to  the  mode  now  authorized  by  law,  any 
city  or  incorporated  town  or  village  may,  by  ordinance,  provide 
for  the  construction  of  sidewalks  therein,  or  along  or  upon  any 
street  or  part  of  street  therein,  and  may,  by  such  ordinance,  pro  - 
vide for  the  payment  of  the  whole  or  any  part  of  the  cost  thereof 
by  special  taxation  of  the  lot,  lots  or  parcels  of  land  touching 
upon  the  line  where  any  such  sidewalk  shall  be  ordered,  and  such 
special  taxation  may  be  either  by  a levy  upon  any  lot  of  the 
whole,  or  any  part  of  the  cost  of  making  any  such  sidewalk  in 
front  of  such  lot  or  parcel  of  land,  or  by  levying  the  whole  or 
any  part  of  the  cost  upon  each  of  the  lots  or  parcel  of  land, 
touching  upon  the  line  of  such  sidewalk,  pro  rata  upon  each  of 
said  lots  or  parcels,  according  to  their  respective  values — the 
values  to  be  determined  by  the  last  preceding  assessment  thereof 
for  the  purpose  of  state  and 'county  taxation;  or  the  wtiole  or 
any  part  of  the  cost  thereof  may  be  levied  upon  such  lots  or 
parcels  of  land  in  proportion  to  their  frontage  upon  such  side- 
walks, or  in  proportion  to  their  superficial  area,  as  may  be  pro- 
vided by  ordinance  ordering  the  laying  down  of  such  sidewalk; 
and  in  case  such  ordinance  shall  only  require  the  payment  of 
a part  of  the  cost  of  such  sidewalk  to  be  paid  by  a special  tax  as 
aforesaid,  then  the  residue  of  such  cost  shall  be  paid  out  of  any 
fund  of  such  city,  town,  or  village,  raised  by  general  taxation 
upon  the  property  thereof,  and  not  otherwise  appropriated, 
[See  § 62. 


SIDEWALKS. 


135 


292.  What  ordinance  may  provide.]  § 2.  Said  ordinance 

shall  define  the  location  of  such  proposed  sidewalk  with  reasona- 
ble certainty,  shall  prescribe  its  width,  the  materials  of  which 
it  shall  be  constructed,  and  the  manner  of  its  construction,  and 
may  provide  that  the  materials  and  construction  shall  be  under 
the  supervision  of,  and  subject  to,  the  approval  of 

some  officer  or  board  of  officers  of  such  city,  town, 
or  village,  to  be  designated  in  said  ordinance.  Said 
ordinance  shall  be  published  as  required  by  law  for  other 
ordinances  of  said  city,  town,  or  village,  and  may  require  all 
owners  of  lots  or  parcels  of  land  touching  the  line  of  said  pro- 
posed sidewalk  to  construct  a sidewalk  in  front  of  their  respec- 
tive lots  or  parcels  in  accordance  with  the  specifications  of  said 
ordinance,  within  thirty  days  after  such  publication,  and  in 
default  thereof,  said  materials  to  be  furnished  and  sidewalk  con- 
structed by  said  city,  town,  or  village,  and  the  cost,  or  such  part 
thereof  as  may  be  fixed  in  said  ordinance,  may  be  collected  from 
the  respective  owners  of  said  lots  or  parcels  of  land  as  hereinafter 
provided. 

293.  In  case  owner  neglects  to  construct.]  § 3.  In  case  of 
the  default  of  any  lot  owner  or  owners  to  construct  the  side- 
walks, as  required  by  ordinance,  and  the  same  shall  be  con- 
structed by  the  city,  town,  or  village,  the  cost  thereof,  or  such 
part  of  the  cost  thereof  as  may  have  been  fixed  by  said  ordinance, 
may  be  recovered  of  the  owners  so  in  default  by  an  action  of  debt 
in  the  name  of  the  city,  town,  or  village,  against  such  owners 
respectively,  in  any  court  of  competent  jurisdiction,  or  upon  the 
completion  of  the  work  by  such  city,  town,  or  village.  Such 
ordinance  may  provide  that  a bill  of  the  cost  of  such  sidewalk, 
showing  in  separate  items  the  cost  of  grading,  materials,  laying 
down,  and  supervision,  shall  be  filed  in  the  office  of  the  clerk 
of  such  city,  town,  or  village,  certified  to  by  the  officer  or  board 
designated  by  said  ordinance  to  take  charge  of  the  construction 
of  said  sidewalk,  together  with  a list  of  the  lots  or  parcels  of 
land  touching  upon  the  line  of  said  sidewalk,  the  names  of  the 
owners  thereof,  and  the  frontage,  superficial  area,  or  assessed 
value  as  aforesaid,  according  as  said  ordinance  may  provide  for 
the  levy  of  said  costs  by  frontage,  superficial  area,  or  assessed 
value;  whereupon  said  clerk  shall  proceed  to  prepare  a special 


STATUTES  RELATING  TO  CITY. 


13  G 


tax  list  against  said  lots  or  parcels,  and  the  owners  thereof, 
ascertaining  by  computation  the  amount  of  special  tax  to  be 
charged  against  each  of  said  lots  or  parcels  and  the  owners 
thereof,  on  account  of  the  construction  of  said  sidewalk,  accord- 
ing to  the  rule  fixed  for  the  levy  of  such  special  tax  by  said  ordi- 
nance, which  special  tax-list  shall  be  filed  in  the  office  of  said 
clerk;  and  said  clerk  shall  thereupon  issue  warrants  directed  to 
such  officer  as  may  be  designated  in  such  ordinance,  for  the  collec- 
tion of  the  amount  of  special  tax  so  ascertained  and  appearing 
from  said  special  tax-list  to  be  due  from  the  respective  owners 
of  the  lots  or  parcels  of  land  touching  upon  the  line  of  said 
sidewalk;  and  such  officer  shall  proceed  to  collect  such  warrants 
in  the  same  manner  as  constables  are  authorized  to  collect  execu- 
tions, and  make  return  thereof,  together  with  the  moneys  col- 
lected, to  the  clerk  of  such  city,  town,  or  village,  within  sixty 
days  from  the  date  of  their  issue;  and  in  case  any  such  warrant 
shall  be  returned,  as  to  the  whole  or  any  part  thereof,  “no  pro- 
perty found,”  other  warrants  may  issue,  and  proceedings  by 
garnishment  may  be  resorted  to,  as  in  cases  of  garnishment  in 
aid  of  the  collection  of  judgments  at  law,  and  all  moneys  so 
collected  and  paid  over  to  said  clerk  shall  be,  by  him,  im- 
mediately paid  over  to  the  treasurer  of  said  city,  town  or  village. 

294.  Special  tax — duty  of  clerk — report.]  § 4.  Upon 

failure  to  collect  such  special  tax  as  heretofore  provided  in  this 
act,  it  shall  be  the  duty  of  said  clerk,  within  such  time  as  such 
ordinance  may  provide,  to  make  report  of  all  such  special  tax, 
in  writing,  to  such  general  officer  of  the  county  as  may  be 
authorized  by  law  to  apply  for  judgment  against,  and  sell  lands 
for  taxes  due  county  or  state,  of  all  the  lots  or  parcels  of  land 
upon  which  such  special  tax  shall  be  so  unpaid,  with  the  names 
of  the  respective  owners  thereof,  so  far  as  the  same  are  known 
to  said  clerk,  and  the  amount  due  and  unpaid  upon  each  tract, 
together  with  a copy  of  the  ordinance  ordering  the  construction 
of  said  sidewalk,  which  report  shall  be  accompanied  by  the  oath 
of  the  clerk  that  the  list  is  a correct  return  of  the  lots  and  parcels 
of  land  on  which  the  special  tax  levied  by  authority  of  said  city, 
town,  or  village,  for  the  cost  or  partial  cost  (as  the  case  may  be) 
of  the  sidewalk  in  said  ordinance  specified,  remains  due  and  un- 
paid, and  that  the  amounts  therein  stated  as  due  and  unpaid 


SIDEWALKS. 


137 


have  not  been  collected,  nor  any  part  thereof.  Said  reports,  when 
so  made,  shall  be  prima  facie  evidence  that  all  the  forms  and  re- 
quirements of  the  law  in  relation  to  making  such  return  have 
been  complied  with,  and  that  the  special  tax,  as  mentioned  in 
said  report,  is  due  and  unpaid. 

295.  General  officer  to  obtain  judgment — by  what  laws  gov- 
erned.] § 5.  When  said  general  officer  shall  receive  the  afore- 
said report,  he  shall  at  once  proceed  to  obtain  judgment  against 
said  lots  or  parcels  of  land  for  said  special  tax  remaining  due 
and  unpaid,  in  the  same  manner  as  may  be  provided  by  law  for 
obtaining  judgment  against  lands  for  taxes  due  and  unpaid- to 
the  county  and  State,  and  shall  in  the  same  manner  proceed 
to  sell  the  same  for  the  said  special  tax  due  and  unpaid.  In 
obtaining  said  judgment  and  making  said  sale,  the  said  officer 
shall  be  governed  by  the  general  revenue  laws  of  the  State,  ex- 
cept when  otherwise  provided  herein,  and  said  general  laws  shall 
also  be  applicable  to  the  execution  of  certificates  of  sale,  and 
deeds  thereon,  and  the  force  and  effect  of  such  sales  and  deeds; 
and  all  other  laws  in  relation  to  the  enforcement  and  collection 
of  taxes,  and  redemption  from  tax  sales,  shall  be  applicable  to 
proceedings  to  collect  such  special  tax,  except  as  herein  otherwise 
provided. 

296.  When  constructed  by  owner  may  obtain  order.]  § 6. 

Whenever  payment  of  the  costs  of  any  such  sidewalk  is  required 
to  be  made  in  part  by  special  tax,  and  in  part  out  of  any  general 
fund  of  such  city,  town,  or  village,  and  the  owner  of  any  such 
lot  or  parcel  of  land  shall  construct  such  sidewalk  in  accordance 
with  the  ordinance  providing  for  its  construction,  such  owner 
shall  file  with  the  clerk  of  such  city,  town,  or  village,  an  itemized 
statement  of  the  cost  of  such  sidewalk  so  constructed,  by  him 
verified  by  affidavit,  together  with  a certificate  of  the  officer  or 
board  directed  by  such  ordinance  to  superintend  the  construc- 
tion thereof,  that  such  sidewalk  has  been  constructed  and  fully 
completed  by  such  owner  in  accordance  with  such  ordinance,  and 
the  council  of  such  city,  town,  or  village  shall  thereupon,  at  its 
first  meeting  thereafter,  allow  and  order  to  be  issued  to  such 
owner,  an  order  on  the  treasurer  of  such  city,  town,  or  village, 
for  the*cost  of  the  construction  of  such  sidewalk,  less  the  amount 
of  special  tax  chargeable  to  the  lot  or  parcel  of  land  of  such  owner 
on  the  line  of  which  such  sidewalk  has  been  so  constructed. 


STATUTES  RELATING  TO  CITY. 


i:*8 


ELECTIONS. 

AN  ACT  to  provide  for  the  time  of  opening  and  closing  the  polls  during  elec- 
tions of  cities,  towns  and  villages  in  this  State.  (Approved  May  29,  1879.  In 
force  July  1,  1879.  L.  1879,  p.  70. J 

297.  Time  of  opening  and  closing  polls.]  § 1.  Be  it  en- 
acted by  the  People  of  the  State  of  Illinois , represented  in  the 
General  Assembly,  That  in  all  city,  town,  or  village  elections, 
in  this  State,  the  polls  shall  remain  open  from  eight  (8)  o’clock, 
A.  M.,  until  seven  (7)  o’clock  P.  M.,  any  law  in  any  special 
charter  to  the  contrary  notwithstanding. 

AN  ACT  relating  to  elections,  and  to  fix  the  time  for  holding  the  same,  in  cities 
having  the  same  territory  as  in  organized  township.  [Approved  May  6,  1879. 
In  force  July  1,  1879.  L.  1879,  p.  69.] 

298.  Elections.]  § 1.  Be  it  enacted  by  the  people  of  the 

State  of  Illinois,  represented  in  the  General  Assembly,  That 
hereafter  the  regular  charter  election  for  the  election  of  city 
officers  of  any  city  having  the  same  territory  as  an  organized 
township,  shall  take  place  on  the  same  day  provided  by  law  for 
the  township  election,  to-wit:  On  the  first  Tuesday  of  April, 

anything  in  the  charter  of  such  city  to  the  contrary  notwith- 
standing, and  such  charter  and  township  elections  may  be  con- 
ducted in  all  respects  as  provided  in  and  by  an  act  entitled  “An 
act  to  amend  section  seven  ( 7 ) of  article  seven  of  an  act  entitled 
‘An  act  to  revise  the  law  in  relation  to  township  organization,’  ” 
approved  and  in  force  March  4,  1874:  approved  and  in  force 
March  9,  1877.  Provided,  that  this  act  shall  not  be  so  construed 
as  to  require  any  city  to  hold  its  charter  election  oftener  than 
its  charter  may  prescribe.  [See  § 48. 

PUNISHMENT  OF  PERSONS  VIOLATING 
ORDINANCES. 

AN  ACT  to  provide  for  the  punishment  of  persons  violating  any  of  the  ordi- 
nances of  the  several  cities  and  villages  in  this  State.  [Approved  and  in  force 
April  12,  1879.  L.  1879,  p.  70.] 

299.  Arrest — imprisonment — work-house.]  § 1.  Be  it  en- 

acted by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly,  That  in  all  actions  for  the  violation  of  any 
ordinance  of  any  city  or  village  organized  under  any 
general  or  special  law  of  this  State,  the  first  -process 
shall  be  summons:  Provided,  however,  that  a warrant 

for  the  arrest  of  the  offender  may  issue  in  the  first 


PUNISHMENT  FOR  VIOLATING  ORDINANCES. 


139 


instance,  upon  the  affidavit  of  any  person  that  any 
such  ordinance  has  been  violated,  and  that  the  person  making 
the  complaint  has  reasonable  grounds  to.believe  the  party  charged 
is  guilty  thereof;  and  any  person  arrested  upon  such  warrant, 
shall,  without  unnecessary  delay,  be  taken  before  the  proper 
officer,  to  be  tried  for  the  alleged  offense.  Any  person  upon 
whom  any  fine  or  penalty  shall  be  imposed  may,  upon  the  order 
of  the  court  or  magistrate  before  whom  the  conviction  is  had, 
be  committed  to  the  county  jail  or  the  calaboose,  city  prison, 
work-house,  house  of  correction,  or  other  place  provided  by  such 
cities  or  villages  by  ordinance  for  the  incarceration  of  such 
offenders  until  such  fine,  penalty,  and  cost  shall  be  fully  paid: 
Provided , that  no  such  imprisonment  shall  exceed  six  months 
for  an}^  one  offense.  The  city  council  or  board  of  trustees  of 
any  such  cities  or  villages  shall  have  power  to  provide  by  ordi- 
nance that  every  person  so  committed  shall  be  required  to  work 
at  such  labor  as  his  or  her  strength  will  permit,  within  and 
without  such  prison,  work-house,  house  of  correction  or  other 
place  provided  for  the  incarceration  of  such  offenders,  not  to 
exceed  ten  hours  each  working  day ; and  for  such  work  the  person 
so  employed,  or  worked,  shall  be  allowed,  exclusive  of  his  or 
her  board,  the  sum  of  fifty  cents  for  each  days  work  on  account 
of  such  fine  and  costs. 

300.  Repeal.]  § 2.  All  acts  and  p^rts  of  acts  inconsistent 
with  the  foregoing  section  are  hereby  repealed. 

301.  Emergency.]  § 3.  Whereas,  in  some  of  the  cities 
and  villages  in  this  State,  there  is  no  authority  for  the  imprison- 
ment of  offenders  in  work-houses  or  houses  of  correction,  and 
requiring  such  offenders  to  work,  therefore,  an  emergency  is 
declared  to  exist,  and  this  act  shall  be  in  force,  from  and  after 
its  passage. 


SUITS— HOW  BROUGHT. 

AN  ACT  entitled,  “An  act  in  regard  to  suits  by  incorporated  cities  and  villages, 
and  to  enforce  penalties  and  recover  fines  for  violating  the  ordinances  there- 
of.” [Approved  May  31,  1879.  In  force  July  1,  1879.  L.  1879,  p.  79.] 

302.  Suits — how  brought,  etc.]  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois , represented  in  the  General 
Assembly , That  all  actions  to  recover  any  fine,  or  to  enforce 
any  penalty,  under  any  ordinance  of  any  city  or  village  in  this 


STATUTES  RELATING  TO  CITY. 


140 

State,  shall  be  brought  in  the  corporate  name  of  the  city  or  vil- 
lage, as  plaintiff,  and  no  prosecution,  recovery  or  acquittal  for 
the  violation  of  any  such  ordinance  shall  constitute  a defense 
to  any  other  prosecution  of  the  same  party,  for  any  other  viola- 
tion of  any  such  ordinance,  although  the  different  causes  of 
action  existed  at  the  same  time,  and,  if  united  would  not  have 
exceeded  the  jurisdiction  of  the  court  or  magistrate. 

SEWERAGE. 

AN  ACT  to  enable  cities,  towns  and  villages  to  contract  with  each  other  for  sew- 
erage. [Approved  May  14,  1879.  In  force  July  1,  1879.  L.  1879,  p.  75.J 

323.  May  contract  for  sewerage,  etc.]  § 1.  Be  it  enacted 

by  the  People  of  the  State  of  Illinois , represented  in  the  General 
Assembly,  That  whenever  any  city,  or  incorporated  town  or 
village,  shall  be  adjacent  or  contiguous  to  any  other  city  or  in- 
corporated town  or  village,  they  shall  be  authorized  to  contract 
with  each  other  upon  such  terms  as  may  be  agreed  upon  between 
them,  to  allow  and  permit  the  one  the  use  and  benefit  of  any 
sewer  or  drain,  or  of  any  system  of  sewerage  or  drainage  hereto- 
fore constructed,  or  which  may  be  hereafter  constructed  by  the 
other,  and  further  that  any  such  sewer  or  drain  or  system  of 
sewerage  or  drainage  constructed  or  which  may  hereafter  be 
constructed  by  the  one,  may  be  extended  or  furnished  to  the 
inhabitants  of  the  other,  and  they  may  by  contract  with  each 
other  provide  for  the  joint  construction  of  any  sewer  or  drain 
by  the  municipalities  so  contracting,  and  for  the  common  use 
thereof  by  the  inhabitants  of  such  municipalities. 

324.  How  contract  made.]  § 2.  The  contract  contem- 
plated in  section  one  of  this  act  may  be  made  by  ordinance  or 
resolution  duly  enacted  or  passed  by  the  common  council,  board 
of  trustees,  or  other  proper  legislative  authority  of  the  city,  or 
incorporated  town  or  village  proposing  such  contract,  and  ratified 
or  assented  to  by  ordinance  or  resolution  duly  enacted  or  passed 
by  the  common  council,  board  of  trustees,  or  other  proper  legisla- 
tive authority  of  the  city  or  incorporated  town  or  village  con- 
firming or  agreeing  to  such  contract,  and  every  such  contract 
when  ratified  or  confirmed  by  the  proper  corporate  authorities 
of  the  municipal  corporations  who  are  parties  thereto,  shall  be 
in  all  respects  valid  and  binding. 


IMPROVEMENT  districts. 


141 


TO  DIVIDE  CITIES  AND  VILLAGES  SUBJECT  TO 
OVERFLOW  INTO  IMPROVEMENT  DISTRICTS. 

AN  ACT  to  divide  cities  and  villages  subject  to  overflow  agd  inundation  into 

improvement  districts  and  to  provide  ways  and  means  to  raise  the  streets,  lots 

and  blocks  above  the  line  of  overflow.  [Approved  and  in  force  May  29,  1883. 

L.  1883,  p.  60. J 

325.  Improvement  districts — grade — special  assessments.] 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  Any  city  or  village  of  this 

State  incorporated  nnder  the  general  law  for  the  incorporation 
of  cities  and  villages,  or  nnder  any  special  charter,  the  site  of 
which  is  wholly  or  partially  subject  to  overflow,  and  which  site 
is  or  may  be  surrounded  in  whole  or  in  part  by  levees,  dykes 
or  embankments  to  prevent  overflow,  may  lay  off  such  city  or 
village,  or  any  part  thereof  into  what  shall  be  known  or  called 
improvement  districts,  and  may  fix  the  grade  of  the  streets, 
avenues,  alleys  or  public  grounds  within  such  improvement  dis- 
trict or  districts,  at  a height  above  the  natural  surface  of  the 
earth  to  correspond  with  the  height  of  the  levees,  dykes  or  em- 
bankments surrounding  or  partially  surrounding  such  city  or 
village,  or  above,  if  deemed  necessary,  in  such  manner  and  to 
such  height  as  will  give  a surface  drainage  from  such  improve- 
ment district  to  the  river  or  rivers  which  cause  such  overflow, 
and  may  require  low  lots,  blocks  or  parts  of  blocks  or  lots,  within 
such  improvement  district,  to  be  filled  in  such  manner  as  to  pre- 
vent water  from  standing  thereon,  and  so  as  to  prevent  the  same 
from  becoming  a nuisance  or  injurious  to  the  public  health,  in 
the  judgment  of  the  corporate  authorities  of  such  city  or  village. 
The  work  hereby  authorized  shall  be  done  by  special  assessment 
or  special  taxation,  and  all  the  power  in  relation  to  special  assess- 
ments or  special  taxation  heretofore  granted  to  any  city  or  vil- 
lage in  this  State,  or  to  any  drainage  or  improvement  district 
in  this  State,  is  hereby  granted  to  such  cities  and  villages  under 
this  act. 

326.  Corporate  authorities — duty  of — survey — costs  of  work.] 

§ 2.  When  any  such  improvement  district  shall  be  created  by 
ordinance  under  this  act,  it  shall  be  the  duty  of  the  corporate 
authorities  to  cause  an  accurate  survey  of  the  work  contemplated 
to  be  done  or  made,  to  be  made  by  a competent  civil  engineer, 
and  cause  plats,  profiles,  and  estimates  of  the  work  to  be  done, 
including  the  cost  of  all  walls  or  other  structures  necessary  to 


STATUTES  RELATING  TO  CITY. 


142 


bo  built  or  constructed  to  hold  the  earth  to  its  proper  place,  and 
the  cost  of  the  work  opposite  to,  or  adjacent  to  each  lot  in  such 
district  and  the  cost  of  the  fill  upon  each  and  every  lot  within 
such  district  necessary  to  be  filled  to  be  used  in  estimating  the 
benefits  to  be  charged  against  the  lot  or  block,  or  parts  thereof, 
within  such  improvement  district;  and  in  estimating  such  bene- 
fits it  shall  be  proper  to  take  into  consideration  the  benefit  any 
such  lot,  block  or  parts  thereof  will  receive  by  reason  of  being 
secured  from  overflow,  or  sipe  water. 

327.  Improvement  district  may  issue  bonds — style  and  man- 
ner of  proceeding.]  § 3.  When  any  such  improvement  district 
or  districts  has  or  have  been  laid  out  and  defined  by  any  such 
city  or  village,  and  the  cost  of  the  improvement  estimated  and 
ascertained  by  a competent  engineer,  and  the  benefits  to  the  lots, 
blocks  or  parts  thereof  have  been  assessed,  then  such  city  or  vil- 
lage may  cause  a series  of  bonds  to  be  issued,  sufficient  to  pay 
the  special  assessments,  or  special  tax,  so  ascertained  for  such 
district,  and  which  bonds  when  so  issued  and  endorsed  as  here- 
inafter provided  for,  shall  be  a lien  upon  the  lots,  blocks  or  parts 
thereof  which  shall  be  designated  in  such  bond  or 

bonds,  such  bond  or  bonds  to  bear  interest  at  a rate 
not  exceeding  six  per  cent,  and  may  run  for  any 
term  not  exceeding  twenty  years,  the  style  of  the  bond 
to  be  fixed  and  designated  by  ordinance;  but  before  any.  bond 
shall  issue,  or  be  put  in  circulation,  the  owner  or  owners  of  any 
such  lot  or  lots  to  be  charged  with  such  special  assessment  or 
assessments,  or  special  tax,  shall  endorse  upon  the  back  of  such 
bond  or  bonds,  his  or  her  consent  thereto,  in  words  in  substance 
as  follows: 

I hereby  endorse  the  within  bond,  and  consent  that  the  lot  or  lots,  or  parts 
thereof  therein  designated,  shall  become  liable  for  the  interest  and  principal 
therein  named,  and  the  same  shall  be  a lien  upon  said  property  from  this  date 
until  paid  off  and  discharged. 

This day  of  190.. 

v [Seal.] 

Said  bond  when  prepared  and  executed  by  such  city  or  village, 
and  endorsed  by  the  owner  or  owners  of  the  property  to  be 
charged  with  the  special  assessment  or  special  tax,  shall  be 
recorded  in  the  recorder’s  office  of  the  county  in  which  such  city 
or  village  is  located,  and  when  so  recorded  such  record  shall  bo 
notice  of  the  lien  thereby  created,  to  the  same  extent  that  records 


1 M PRO VEM EN T D 1 STRICTS. 


143 


of  mortgages  are  notices  of  the  mortgage  lien,  and  shall  have  the 
same  force  and  effect.  JSTo  coupon  need  be  recorded;  the  face 
of  the  bond  and  endorsement  shall  be  sufficient. 

328.  Interest  and  principal  of  such  bonds — how  to  be  paid.] 

§ 4.  It  shall  be  the  duty  of  any  city  or  village,  issuing  bonds 
under  this  act,  to  provide  by  ordinance  for  the  collection  of  the 
interest  and  principal  of  such  bonds  from  the  property  so  charged 
with  the  special  assessment  or  special  tax,  and  shall  be  placed 
upon  the  tax  books  in  the  same  manner  that  special  assessments 
or  special  taxes  now  are,  for  collection,  and  shall  be  treated  in 
the  same  manner,  and  have  the  same  effect  as  special  assessments 
or  special-tax  now  have  under  the  statute — and  such  city  or 
village  shall  not  be  liable  for  the  interest  or  principal  of  any 
such  bond  or  bonds,  out  of  any  fund  except  the  special  fund  of 
the  improvement  district,  to  which  the  bond  or  bonds  apply,  and 
for  the  faithful  enforcement  of  the  ordinances  providing  for  the 
collection  of  the  interest  and  principal  thereof. 

329.  When  railroad  company  to  pay  a portion  of  the  work.] 

§ 5.  If  any  steam  or  horse  railroad  shall  be  located  upon,  or 
across  any  street  in  any  such  improvement  district,  then,  in 
estimating  the  cost  of  the  work,  such  railroad  shall  be  charged 
with  the  fill  upon  such  street  or  crossing  in  the  proportion  or 
amount  that  it  would  require  or  cost  such  railroad  to  make  an 
independent  embankment  of  the  same  height  to  receive  its  track 
or  tracks  upon  such  street  or  crossing : Provided , that  any  such 

railroad  shall  have  the  same  right  to  build  its  embankment,  or 
make  its  proportion  of  the  improvement  as  is  allowed  to  in- 
dividuals. If  any  such  steam  or  horse  railroad  shall  fail,  or 
refuse  to  comply  with  the  ordinances  of  any  such  city  or  village, 
in  this  regard,  the  track  or  tracks  of  any  such  delinquent  railroad 
shall  be  taken  and  deemed  to  be  a nuisance,  and  all  rights  of  any 
such  railroad  upon  any  such  street  or  crossing  shall  be  forfeited, 
and  the  rails  and  ties  removed  as  the  work  progresses. 

330.  When  property  belongs  to  minors.]  § 6.  If  any  pro- 
perty within  any  improvement  district  created  under  this  act, 
shall  belong  to  minor  heirs,  idiots,  lunatics,  or  any  person  other- 
wise incapacitated  to  contract,  the  guardian,  conservator,  or  other 
person  in  charge  of  any  such  estate,  may  apply  to  the  circuit 


STATUTES  RELATING  TO  CITY. 


144 


court  of  Dio  county  in  which  such  city  or  village  is  located,  by 
petition,  for  leave  to  endorse  such  bond  or  bonds,  and  when 
indorsed  by  order  of  the  court,  such  endorsement  shall  have  full 
force  and  effect  in  law. 

331.  How  powers  granted,  exercised  and  how  construed.] 

§ 7.  All  the  powers  hereby  granted  to  the  corporate  authorities 
of  such  cities  and  villages,  may  be  put  into  full  force  and  effect 
by  proper  ordinances,  and  the  powers  hereby  granted  shall  be 
liberally  construed  by  all  courts  in  this  State  in  order  that  full 
force  and  effect  shall  be  given  to  this  act. 

332.  Rights  of  the  holders  of  such  bonds.  ] § 8.  The  owner 

or  holder  of  any  such  bond  may,  in  addition  to  the  powers  hereby 
given  to  the  cities  or  villages,  under  this  act,  to  collect  the  in- 
terest and  principal,  have  his  or  her  personal  remedy  in  any 
court  upon  the  endorser  upon  his  endorsement,  for  failure  to  pay 
interest  or  principal,  and  in  case  of  two  successive  failures  by 
any  person  liable  to  pay  the  interest  on  any  such  bond,  such 
bond  shall  be  held  to  be  due,  and  the  holder  may  enforce  his  lien 
for  interest  and  principal  by  foreclosure  in  any  court  of  this 
State  of  competent  jurisdiction. 

333.  Emergency.]  § 9.  Whereas  there  are  cities  and  vil- 
lages in  this  State  that  are  subject  to  overflow,  and  have  suffered 
severely  by  the  recent  floods  and  inundations,  and  the  best  time 
for  successful  work  in  filing,  is  in  the  spring  months,  therefore 
an  emergency  exists,  and  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 

TO  AUTHORIZE  CITIES,  ETC.,  TO  CONSTRUCT  AND 
REPAIR  DRAINS,  ETC. 

AN  ACT  to  vest  the  corporate  authorities  of  cities  and  villages  with  power  to 
construct,  maintain  and  keep  in  repair  drains,  ditches,  levees,  dykes,  and 
pumping  works  for  drainage  purposes  by  special  assessment  upon  the  prop- 
erty benefited  thereby.  [Approved  June  22,  1885.  In  force  Julyl,  1885.  L. 
1885,  p.  60.] 

334.  Cities  and  villages  empowered  to  construct  drains,  etc.] 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly : That  the  corporate  authorities 
of  cities  and  villages  are  hereby  vested  with  power  to  construct 
drains,  ditches,  levees  and  dykes,  to  erect  pumping  works,  and 
to  acquire  the  necessary  land  and  machinery  for  such  purposes, 


COMPENSATION  OF  OFFICERS. 


145 


and  otherwise  to  provide  for  draining  any  portion  of  the  lands 
within  their  corporate  limits,  by  special  assessment  upon  the 
property  benefited  thereby. 

335.  Drainage  improvements  by  special  assessments.]  § 2. 

That  the  corporate  authorities  of  cities  and  villages  are  hereby 
vested  with  the  power  to  maintain  and  keep  in  repair  such  drains, 
ditches,  levees,  dykes,  pumping  works  and  machinery  and  such 
drainage  improvement  by  special  assessment  upon  the  property 
benefited  thereby:  Provided,  that  no  lot,  block,  tract  or  parcel 

of  land  shall  be  assessed  more  than  once  in  any  one  year  for  such 
maintenance  and  repair. 

336.  Proceedings  in.]  § 3.  All  the  proceedings  for  the 
making  of  the  improvements  in  this  act  mentioned,  and  for  the 
maintenance  and  repair  thereof,  and  for  the  levy  and  collection 
of  the  special  assessments  to  defray  the  cost  of  the  same,  shall 
be  in  accordance  with  the  provisions  of  article  nine  of  the  general 
act  for  the  incorporation  of  cities  and  villages,  approved  April 
10,  1872. 

COMPENSATION  TO  OFFICERS  OF  TOWNS,  ETC. 

AN  ACT  to  limit  the  compensation  of  officers,  agents  or  employes  of  incor- 
porated towns  or  villages.  [Approved  June  26,  1885.  In  force  July  1,  1885. 

L.  1885,  p.  58.] 

372.  Unlawful  to  take  greater  sum  than  the  percentage,  etc.] 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre- 
sented in  the  General  Assembly:  That,  whenever  any  officer, 

agent  or  employe  of  any  incorporated  town  or  village,  hereafter 
to  be  elected  or  appointed,  is  paid  by  a commission  or  percentage 
on  the  moneys  collected,  handled  or  paid  over  by  him,  it  shall 
be  unlawful  for  said  officer,  agent  or  employe  to  receive  or  retain 
for  his  compensation  for  collecting,  handling  or  paying  over 
such  moneys,  any  greater  sum  than  that  produced  by  such  per- 
centage or  commission,  and  in  no  case  shall  such  compensation 
exceed  the  sum  of  five  thousand  dollars  ($5,000)  per  annum. 

REFUNDING  ILLEGAL  TAXES. 

AN  ACT  to  refund  illegal  taxes.  [Approved  June  27,  1885.  In  force  July  1,  1885. 

L.  1885.  p.  61.] 

373.  City  may  refund  illegal  taxes — limitation.]  § 1. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly:  That,  whenever,  in  any  of  the  cities 


STATUTES  RELATING  TO  CITY. 


140 

of  this  State,  any  taxes  for  city  purposes  have  been  collected 
and  paid  into  the  city  treasury  without  authority  of  law,  and 
the  city  council  of  such  cities  have  caused  certificates  to  be  issued 
to  the  persons  or  corporations  who  have  paid  such  illegal  taxes, 
certifying  that  such  taxes  were  illegally  assessed  and  collected, 
the  city  council  of  such  cities  are  hereby  authorized  to  make  an 
appropriation  as  soon  as  possible  after  this  act  shall  take  effect 
for  the  purpose  of  refunding  such  illegal  taxes,  with  six  per  cent, 
interest  per  annum  from  the  date  of  such  certificates,  and 
warrants  shall  be  drawn  for  the  payment  of  such  sums  and  in- 
terest, out  of  the  fund  so  appropriated,  to  the  persons  or  corpora- 
tions who  obtained  such  certificates,  or  their  assignees  or  legal 
representatives  in  the  usual  manner  prescribed  by  the  charter 
of  said  cities,  or  by  the  general  law : Provided,  such  certificates 

are  presented  to  the  comptroller  of  such  cities  for  exchange  for 
warrants  within  two  years  after  this  act  shall  go  into  effect. 
And  the  treasurers  of  any  such  cities  shall  pay  said  warrants 
out  of  said  appropriations. 

TO  AUTHORIZE  CITIES  AND  VILLAGES  TO  CONVEY 
REAL  ESTATE. 

AN  ACT  to  authorize  cities  and  villages  to  convey  real  estate  held  by  them  for 

school  or  academy  purposes  to  the  proper  school  officers.  [Approved  June 

27,  1885.  In  force  July  1,  1885.  L.  1885,  p.  59.] 

374.  How  city  or  village  may  convey  real  estate  held  for 
school  purposes.]  § 1.  Be  it  enacted  by  the  people  of  the 
State  of  Illinois,  represented  in  the  General  Assembly:  That 
any  city  or  village,  incorporated  under  any  general  or  special 
law  of  this  State,  which  shall  hold  any  real  or  personal  estate 
which  shall  have  been  conveyed  to  such  city  or  village,  by  virtue 
of  any  general  or  special  law  of  this  State,  or  otherwise,  for 
school  or  academy  purposes,  is  hereby  authorized  and  efnpowered, 
by  ordinance  or  resolution  of  the  city  council  of  any  such  city, 
and  of  the  president  and  board  of  trustees  of  any  such  village, 
to  cause  such  real  or  personal  estate  to  be  conveyed  and  trans- 
ferred to  the  proper  school  officers,  authorized  to  hold  the  same, 
for  the  use  of  the  district  in  which  such  real  or  personal  estate 
shall  be  situated,  by  proper  deed  or  deeds  of  conveyance,  executed 
by  the  proper  officers  of  such  city  or  village,  under  the  common 
seal  thereof. 


AUTHORITY  TO  CONVEY- REAL  ESTATE. 


147 


375.  When  real  estate  ceases  to  be  used  for  school  purposes.] 

§ 2.  That  if  any  real  estate  conveyed  by  virtue  of  this  act,  shall, 
at  any  time,  cease  to  be  used  for  school  purposes  for  a period  of 
three  years,  then  it  shall  be  the  duty  of  the  school  officers,  hold- 
ing the  title  to  such  real  estate,  to  convey  the  sameffiack  to  said 
city  or  village  to  be  by  it  thereafterwards  held,  enjoyed  and  dis- 
posed of  as  other  corporate  property,  which  condition  shall  be 
inserted  in  any  deed  made  by  any  such  city  or  village  by  virtue 
of  this  act.  Said  reconveyance,  in  case  of  the  non-use  of  such 
real  estate  for  the  period  aforesaid,  may  be  compelled  and  en- 
forced by  any  tax  payer  of  said  city  or  village  by  proper  proceed- 
ings to  be  instituted  by  him  for  that  purpose. 

376.  Trustees  under  special  charter — rights  of.]  § 3. 

That  in  all  cases  where  any  such  real  or  personal  estate  shall 
have  been  under  the  control  of  any  trustees,  appointed  or  elected 
by  virtue  of  any  general  or  special  law  of  this  State,  that  when- 
ever such  estate  shall  be  conveyed  as  aforesaid,  that  the  duties 
of  such  trustees,  in  relation  thereto  shall  cease  and  determine, 
and  it  shall  be  their  duty  to  immediately  settle  and  adjust  all 
matters  relating  to  such  trust  or  estate  and  make  report  to  the 
proper  authority  of  their  acts  and  doings,  upon  the  approval 
of  which  said  trustees  will  be  released  and  discharged  from  the 
further  performance  of  duty  in  that  behalf.  All  moneys  which 
may  remain  in  the  treasury  of  such  city  or  village,  to  the  credit 
of  any  fund  connected  with  the  use  of  such  real  or  personal 
estate,  while  so  held  by  such  city  or  village,  shall  be  used  by  such 
city  or  village  for  any  lawful  corporate  purpose. 

377.  Repeal.]  § 4.  That  all  acts  or  parts  of  acts  incon- 
sistent with  the  provisions  of  this  act  are  hereby  repealed. 

TO  AUTHORIZE  CITIES  AND  VILLAGES  TO  CONVEY 
REAL  OR  PERSONAL  ESTATE  NOT  NECESSARY,  ETC. 

AN  ACT  to  authorize  cities  and  villages  to  convey  any  real  or  personal  estate,  or 
their  right  and  title  therein,  when  the  same  shall  be  no  longer  necessary  for, 
or  profitable  to,  or  its  longer  retention  be  for  the  best  interests  of  such  city  or 
village.  [Approved  March  22,  1889.  In  force  July  1,  1889.  L.  1889,  p.  85.] 

378.  City  council  or  board  of  trustees  may  pass  ordinance  to 
sell  real  or  personal  estate  no  longer  necessary.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois , represented  in 
the  General  Assembly,  That  any  city  or  village  incorporated 


148 


STATUTES  RELATING  TO  CITY. 


under  any  general  or  special  law  of  this  State,  which  shall  have 
acquired  or  hold  any  real  or  personal  estate  for  any  purpose 
whatsoever,  is  hereby  authorized  and  empowered  by  ordinance 
passed  by  three-fourths  of  the  members  of  the  city  council  of 
any  such  city,  or  of  the  board  of  trustees  of  any  such  village, 
at  any  regular  or  at  any  special  meeting  called  for  such  purpose, 
to  sell  such  property  when  the  same  shall,  in  the  opinion  of  such 
majority  of  such  city  council  or  board  of  trustees,  be  no  longer 
necessary,  appropriate  or  required  for  the  use  of  such  city  or 
village,  or  profitable  to,  or  its  longer  retention  be  for  the  best 
interests  of,  such  city  or  village. 

379.  What  ordinance  shall  specify — notice  of  sale — opening 

of  bids,  etc.]  § 2.  Such  ordinance  shall  specify  the  location 
of  such  real  or  personal  estate,  and  the  use  thereof,  of  whatever 
kind  the  same  may  be,  and  before  any  sale  shall  be  made  under 
or  by  virtue  of  any  such  ordinance,  by  the  city  council  of  any 
such  city,  or  the  board  of  trustees  of  any  such  village,  such  ordi- 
nance and  proposal  to  sell  shall  be  published  in  one  of  its  daily 
or  weekly  papers  for  a period  of  not  less  than  sixty  days,  and  if 
no  paper  be  published  in  such  city  or  village,  then  it  shall  be 
published  in  some  paper  of  general  circulation  in  this  Stats 
nearest  to  such  city  or  village.  Such  notice  shall  contain  an 
accurate  description  of  such  property,  the  purpose  for  which  it 
is  used,  and  at  what  meeting  the  bids  will  be  considered  and 
opened,  and  shall  advertise  for  sixty  days  for  bids  therefor. 
All  such  bids  shall  be  opened  only  at  a regular  meeting  of  such 
city  council  or  board  of  trustees,  and  shall  be  accepted  only 
upon  a vote  of  three-fourths  of  the  members  of  such  city  council 
or  board  of  trustees:  Provided , however , that  the  city  council 

or  board  of  trustees  may,  by  a majority  vote,  reject  any  and  all 
bids. 

380.  By  whom  and  when  conveyance  to  be  made.]  § 3. 

Upon  any  bid  having  been  accepted,  and  the  purchase  price  duly 
paid  or  secured,  the  mayor  and  city  clerk,  or  the  president  of 
the  board  of  trustees  and  the  clerk  of  such  board,  shall  have 
the  power  to  convey  such  real  or  personal  estate  and  transfer 
the  same  to  such  party  or  parties  whose  bids  have  been  accepted, 
by  proper  deed  or  deeds  of  conveyance,  stating  therein  the  price 
therefor,  with  the  seal  of  the  corporation. 


TO  CONVEY  FOR  SCHOOL  PURPOSES. 


140 


TOWNS,  CITIES  AND  VILLAGES  INCORPORATED  BY 
SPECIAL  CHARTER,  CONVEYING  REAL  ESTATE 
FOR  SCHOOL  PURPOSES. 

AN  ACT  to  permit  towns,  cities  and  villages  incorporated  by  special  charter  to 
convey  real  estate  for  school  purposes.  [Approved  May  21,  1887.  In  force 
July  1,1887.  L.  1887,  p.  127.] 

381.  How  town,  city  or  village  may  convey  real  estate  for 
school  purposes.]  § 1.  Be  it  enacted  by  the  people  of  the  State 
of  Illinois , represented  in  the  General  Assembly , That  any 
town,  city  or  village  incorporated  by  a special  charter  granted 
.by  the  General  Assembly  of  the  State  of  Illinois,  holding  title 
to  or  having  an  interest  in  any  real  estate,  may,  by  proper  deed 
of  convej^ance,  executed  by  the  corporate  authorities  of  said 
town,  city  or  village,  when  authorized  by  ordinance,  sell  and 
convey  the  same  to  the  trustees  of  schools  of  the  township  in 
which  such  real  estate  is  situated,  to  be  used  as  a school  site 
for  the  school  district  in  which  such  real  estate  is  situated. 


UNDER  SPECIAL  CHARTERS— RIGHT  TO  LEVY  AND 
ASSESS  TAXES  FOR  SCHOOL  PURPOSES,  ETC. 

AN  ACT  giving  cities  organized  under  special  charters  and  having  the  govern 
ment  of  public  schools  under  such  charters,  the  government  of  public  school6? 
in  any  territory  annexed  to  said  cities,  with  the  right  to  levy  and  assess  taxes 
for  school  purposes  against  the  property  in  said  territory  so  annexed.  [Ap- 
proved April  12,  1899.  In  force  July  1,  1899.  L.  1899,  p.  345.] 

381a.  Right  to  levy  and  assess  taxes  for  school  purposes 
against  property.]  § 1.  Be  it  enacted  by  the  people  of  the 
State  of  Illinois,  represented  in  the  General  Assembly:  Thai; 

in  all  cities  in  this  State,  having  a population  of  less  than 
twenty  thousand,  and  incorporated  under  any  special  law,  whose 
public  or  common  schools  within  the  corporate  limits  of  said 
city  are  governed  by  virtue  of  such  special  acts,  where  any  terri- 
tory has  been  heretofore,  or  may  hereafter  be  annexed  to  said 
city  for  general  corporate  purposes,  such  territory  so  annexed 
shall  be  included  in,  and  shall  be  subject  to  the  control  and 
government  of  said  cities  for  school  purposes  upon  petition 
signed  by  a majority  of  the  legal  voters  in  the  territory  to  be 
annexed,  as  fully  and  to  the  same  extent  as  if  the  said  territory 
were  originally  within  the  corporate  limits  of  said  city  as  created 
by  such  special  acts,  and  said  territory  when  so  annexed  shall 
thereby  become  disconnected  from  any  school  district  to  which, 
prior  to  such  annexation,  it  may  have  been  connected  or  belonged. 


150 


STATUTES  RELATING  TO  CITY. 


381b.  Right  to  cities  referred  to  in  sec.  1,  to  levy  taxes  for 
school  purposes,  etc.]  § 2.  All  cities  referred  to  in  Section 
one  of  this  act  shall  have  the  right  to  levy,  assess  and  collect 
taxes  for  school  purposes  in  the  territory  so  annexed,  in  the 
same  manner,  and  as  fully  and  to  the  same  extent  as  the  said 
cities  may  now  have  said  right  over  the  territory  comprised 
within  the  original  corporate  limits  of  said  cities. 

POLICE  AND  FIREMEN'S  RELIEF  FUND. 

AN  ACT  to  amend  * ‘An  Act  for  the  relief  of  disabled  members  of  the  police  and 
fire  department  in  cities  and  villages,”  approved  May  24,  1877.  In  force  July 
1,  1877.  [Approved  May  10,  1879.  In  force  July  1,  1879.  L.  1879,  p.  72.  As 
amended  by  act  approved  June  28,  1883.  In  force  July  1,  1883.  As  amended 
by  act  approved  May  10,  1901.  In  force  July  1,  1901. J 

382.  How  funds  created.]  § 1.  Be  it  enacted  by  the  people 
of  the  State  of  Illinois , represented  in  the  General  Assembly: 
That  one-half  of  all  the  rates,  taxes  and  license  fees  which  are, 
or  may  be  hereafter  required  by  law,  to  be  paid  by  corporations, 
companies  or  associations  not  incorporated  under  the  laws  of  this 
State,  engaged  in  any  village  or  city  in  this  State,  effecting  fire 
insurance,  and  one-fourth  of  all  moneys  collected  as  tax  on  dogs, 
where  such  city  or  village  contains  a population  of  10,000  or 
more,  has  a regularly  organized  fire  department  by  such  city  or 
village,  and  all  moneys  received  from  fines  inflicted  upon  mem- 
bers of  the  police  and  fire  departments  for  violation  of  the  rules 
and  regulations  of  the  service,  and  all  fines  recovered  for  viola- 
tion of  the  fire  ordinances,  and  all  moneys  accruing  from  the 
sale  of  unclaimed  stolen  property,  and  two  per  centum  of  all 
moneys  received  from  licenses  for  the  keeping  of  saloons  or 
dram  shops,  shall  be  set  apart  by  the  treasurer  of  the  city  or 
village,  to  whom  the  same  shall  be  paid,  as  a fund  for  the  re- 
lief of  disabled  members  of  the  police  and  fire  departments  of 
such  city  or  village. 

382a.  Per  cent,  from  licenses  for  keeping  of  saloons,  etc.] 

§ 1A.  In  any  city  of  over  10,000  inhabitants  where  it  shall  be 
authorized  by  a majority  vote  of  the  electors  of  such  muni- 
cipality, two  per  centum  of  all  moneys  received  from  licenses 
for  the  keeping  of  saloons  or  dram  shops  shall  be  also  set  apart 
in  like  manner  for  the  fund  above  mentioned  in  this  act. 

382b.  How  city  may  adopt  provisions  of  section  1 A.]  § IB. 

The  electors  of  any  city  may  adopt  the  provision  of  section  1A 


POLICE  AND  FIREMAN'S  RELIEF  FUND. 


151 


of  this  act  in  the  following  manner:  Whenever  20  per  cent 

of  the  legal  voters  of  such  incorporated  city  shall  petition  the 
city  clerk,  or  the  officer  or  officers  whose  duty  it  is  to  prepare 
the  ballots,  to  submit  the  proposition  as  to  whether  such  city 
shall  adopt  the  provisions  of  section  1A  of  this  act,  then  it  shall 
be  the  duty  of  such  officer  or  officers  to  submit  such  proposition 
accordingly  at  the  next  succeeding  regular  city  election,  and  if 
such  proposition  is  not  adopted  at  such  election  the  same  may, 
in  like  manner,  be  submitted  at  any  regular  city  election  there- 
after. The  proposition  so  to  be  voted  for.  shall  be  prepared  and 
provided  for  that  purpose  in  the  same  manner  as  other  ballots, 
and  shall  be  substantially  in  the  following  form : 


For  the  adoption  of  the  provisions  of  an  act  setting 

Yes. 

apart  two  per  centum  of  moneys  received  by  the 

city  from  the  licensing  of  saloons  or  dram  shops 

for  a pension  fund  for  disabled  members  of 

No. 

the  police  and  fire  department. 

If  a majority  [of  the  members]  of  the  number  of  the  votes 
cast  in  said  city  at  the  last  general  election  shall  be  voted  for 
such  proposition,  then  section  1A  of  this  act  shall  be  declared 
adopted  and  in  force  in  such  city.  [As  amended  by  act  ap- 
proved May  10,  1901,  in  force  July  1,  1901. 

383.  Mayor,  etc.,  trustees  of  fund.]  § 2.  The  mayor  or 
president  of  the  board  of  trustees,  the  superintendent  or  chief 
officer  of  the  police  department,  the  fire  marshal  or  chief  officer 
of  the  fire  department,  and  the  chairman  of  the  committee  on 
police  and  fire  and  water,  of  the  city  council  or  board  of  trustees 
of  the  city  or  village,  with  the  comptroller  (if  there  be  one)  or 
city  clerk  and  treasurer,  shall  constitute  and  be  a board  by  the 
name  of  the  trustees  of  the  police  and  firemen's  relief  fund, 
and  the  treasurer  of  the  city  or  village,  shall  be  custodian  of 
the  funds  of  said  police  and  firemen's  relief  fund.  The  said 
board  shall  select  from  their  number  a president  and  secretary. 

384.  Board  to  control  fund.]  § 3.  The  said  board  shall 
have  the  exclusive  control  and  management  of  the  fund  men- 
tioned in  the  first  section  of  this  act,  and  of  all  money  donated, 
paid,  or  assessed  for  the  relief  of  disabled  policemen  or  firemen, 


152 


STATUTES  RELATING  TO  CITY. 


and  shall  have  the  power  to  assess  each  and  every  member  of 
the  police  and  fire  departments  of  such  city  or  village,  including 
all  such  persons  who  having  become  entitled  to  the  benefits  of 
this  fund  while  such  members  of  said  police  and  fire  depart- 
ments, have  not  forfeited  their  rights  to  share  in  such  benefits 
after  leaving  such  departments  as  hereinafter  provided,  not  to 
exceed  the  sum  of  five  dollars  ($5.00)  per  annum,  which  shall 
be  received  and  held  by  the  treasurer  of  said  relief  fund,  in 
like  manner  as  the  other  moneys  herein  provided,  to  be  paid 
to  him ; and  any  person  who  having  become  entitled  to  the  bene- 
fits of  this  fund,  shall  not  within  one  month  after  notice  in 
writing  to  him  from  said  board  of  the  assessment  against  him, 
pay  the  same,  shall  not  be  entitled  to,  or  receive  any  benefits 
secured  to  him  under  the  provisions  of  this  act,  unless  he  shall 
make  written  application  to  the  trustees  of  the  fund  to  become 
a member  thereof,  and  shall  have  by  a majority  vote  of  said 
trustees  been  admitted  to  membership  in  said  organization,  and 
upon  his  making  payment  of  all  delinquent  assessments  due  by 
him  accruing  during  his  membership  in  such  police  or  fire  de- 
partment. The  said  board  may  make  all  needful  rules  and 
regulations  for  its  government  in  the  discharge  of  its  duties, 
and  shall  hear  and  decide  all  applications  for  relief  under  this 
act,  and  its  decisions  on  such  applications  shall  be  final  and. 
conclusive,  and  not  subject  to  review  or  reversal  except  by  the 
board:  Provided , that  nothing  herein  contained  shall  render 

the  payment  of  any  sum  of  money  or  annuity  which  may  be 
awarded  by  the  board,  obligatory  on  the  board,  or  chargeable 
against  it  as  a legal  right;  but  the  board  may,  at  any  time  in 
its  discretion,  order  that  such  sums  of  money  or  annuity  .shall 
be  reduced,  or  that  payment  of  the  same  shall  not  be  made. 
The  board  shall  cause  to  be  kept  a record  of  all  its  meetings  and 
proceedings. 

385.  Treasurer  to  give  bond  for  fund.]  § 4.  The  treasurer 
of  the  board  shall  be  the  custodian  of  the  fund  in  the  first  sec- 
tion of  this  act  mentioned,  and  of  all  moneys  donated,  paid, 
or  assessed  towards  or  on  account  of  the  relief  fund  hereby 
created,  and  shall  secure  and  safely  keep  the  same,  subject  to 
the  control  and  direction  of  the  board,  and  shall  keep  his  books 
and  accounts  in  such  a manner  as  may  be  prescribed  by  the 


POLICE  AND  FIREMAN'S  RELIEF  FUND. 


153 


board,  and  the  same  shall  always  be  subject  to  the  inspection 
of  the  board,  or  any  member  thereof.  The  treasurer  shall, 
within  ten  days  after  his  election  or  appointment,  execute  a 
bond  to  the  city  or  village,  as  the  case  may  be,  with  good  and 
sufficient  securities  in  such  penal  sum  as  the  board  may  direct, 
to  be  approved  by  the  board,  conditional  for  the  faithful  per- 
formance of  the  duties  of  his  office,  and  that  he  will  safely  keep 
and  well  and  truly  account  for  all  moneys  and  property  which 
may  come  to  his  hands  as  such  treasurer,  and  that  on  the  expira- 
tion of  his  term  of  office,  he  will  surrender  and  deliver  over  to 
his  successor  all  unexpended  moneys  and  all  property  which 
may  have  come  to  his  hands  as  such  treasurer.  Such  bond  shall 
be  filed  in  the  office  of  the  clerk  of  such  city  or  village,  and  in 
case  of  a breach  of  the  same,  or  the  conditions  thereof,  suit  may 
be  brought  on  the  same,  in  the  name  of  such  city  or  village,  for 
the  use  of  said  board  or  of  any  person  or  persons  injured  by 
such  breach. 

386.  Warrants  drawn  on  treasurer.]  § 5.  It  shall  be  the 
duty  of  the  mayor  and  clerk,  or  the  comptroller  if  there  be  one, 
and  the  officer  or  officers  of  such  city  or  village,  who  are  or 
may  be  authorized  by  law,  to  draw  warrants  upon  the  treasurer 
of  such  city  or  village,  upon  request  made  in  writing  by  said 
board,  to  draw  warrants  upon  the  treasurer  of  such  city  or  vil- 
lage, payable  to  the  treasurer  of  said  board,  for  the  fund  set 
apart  by  such  city  or  village  treasurer,  as  prescribed  by  the  first 
( 1 ) section  hereof. 

387.  Permanent  disability — death — annuity.]  § 6.  When, 
in  the  judgment  of  the  board,  a sufficient  amount  shall  have 
accumulated  in  said  fund  to  justify  the  application  thereof  to 
the  use  for  which  the  same  is  hereby  created,  if  any  member 
of  the  police  or  fire  departments,  while  in  the  actual  performance 
of  duty  or  other  person  entitled  to  the  benefits  of  this  fund  as 
hereinafter  provided,  shall  become  permanently  disabled,  so 
as  to  render  proper  his  retirement  from  membership,  a sum 
not  exceeding  six  hundred  dollars  ($600)  per  annum,  or  such 
less  sum  as,  in  the  judgment  of  the  board,  the  fund  will  justify, 
shall  be  paid  to  such  member  out  of  said  fund ; or  if  any  mem- 
ber, while  in  the  actual  discharge  of  duty  shall  be  killed,  or 
shall  die  from  the  immediate  effects  of  an  injury  received  by 


—7 


154 


STATUTES  RELATING  TO  CITY. 


him  while  in  such  discharge  of  duty,  or  sjiall  die  after  ten  years 
service  in  the  police  or  fire  departments,  and  shall  leave  a widow, 
or  if  no  widow,  any  child  or  children  under  the  age  of  sixteen 
(16)  years,  a sum  not  exceeding  six  hundred  ($600)  dollars 
per  annum,  or  such  less  sum  as,  in  the  judgment  of  the  board, 
the  condition  of  the  fund  will  justify,  shall  be  paid  to  such 
widow  so  long  as  she  shall  remain  unmarried,  or  to  such  child 
or  children  while  under  the  age  of  sixteen  years. 

388.  Who  may  obtain  benefits.]  § 7.  Any  person  who 
shall  have  served  in  either  the  police  or  fire  departments  of  said 
city  or  village  for  the  full  term  of  ten  (10)  years,  and  shall 
have  paid  into  the  fund  hereby  provided  for  all  assessments 
regularly  made  upon  him  by  the  board  of  trustees  as  required 
by  this  act,  and  the  regulations  of  the  said  board  of  trustees 
passed  in  pursuance  of  this  act,  and  shall  have  complied  with 
all  the  rules  and  regulations  lawfully  established  by  the  board 
of  trustees  in'  the  same  manner,  as  if  such  person  was  an  active 
member  in  said  police  or  fire  department,  may  continue  his 
membership  in  this  organization,  and  be  entitled  to  the  benefits 
of  this  fund  after  he  shall  have  ceased  to  be  a member  in  either 
said  police  or  fire  department,  by  complying  with  all  the  provi- 
sions of  this  act,  relative  to  the  payment  of  assessments,  etc., 
the  same  as  prior  to  his  ceasing  to  be  a member  of  said  depart- 
ments, and  the  widow  or  children  of  such  person  shall  be  en- 
titled to  all  benefits  hereby  secured  to  other  members  of  this 
organization. 

389.  How  money  paid  out.]  § 8.  All  moneys  ordered  to 
be  paid  from  said  relief  fund  to  any  person  or  persons,  shall 
be  paid  by  the  treasurer  of  said  board  only  upon  warrants  signed 
by  the  president  of  the  board  and  countersigned  by  the  secretary, 
and  no  warrant  shall  be  drawn  except  by  order  of  the  board, 
duly  entered  in  the  record  of  the  proceedings  of  the  board.  In 
case  the  said  relief  fund,  or  any  part  thereof,  shall  by  order  of 
the  said  board  or  otherwise,  be  deposited  in  any  bank,  or  loaned, 
all  interest  on  money  which  may  be  paid  or  agreed  to  be  paid, 
on  account  of  any  such  loan  or  deposit,  shall  belong  to  and  con- 
stitute a part  of  said  fund.  Provided , that  nothing  herein  con- 
tained shall  be  construed  as  authorizing  the  said  treasurer  to 


TAX  FROM  FIRE  INSURANCE  COMPANIES. 


155 


loan  the  said  fund,  or  any  part  thereof,  unless  so  authorized 
by  said  board. 

390.  Repeal.]  § 9.  All  acts  or  parts  of  acts,  or  amend- 
ments thereto,  heretofore  enacted,  and  in  any  manner  conflict- 
ing with  the  provisions  of  this  act,  are  hereby  expressly  repealed. 

Note.— This  act  is  in  place  of  that  of  May  24,  1877,  on  the  same  subject.  R.  S. 
1877,  p.  239. 

TAX  OR  LICENSE  FEE  FROM  FOREIGN  FIRE  INSUR- 
ANCE COMPANIES  FOR  BENEFIT  OF  FIRE 
DEPARTMENT. 

AN  ACT  entitled,  ‘ ‘An  Act  to  enable  cities,  towns  and  villages  organized  under 
any  general  or  special  law  to  levy  and  collect  a tax  or  license  fee  from  foreign 
fire  insurance  companies  for  the  benefit  of  organized  fire  departments.  [This 
act  became  a law  May  31,  1895.  In  force  July  1,  1895.  Amended  by  afit  ap- 
proved April  24,  1901.  In  force  July  1,  1901.] 

420.  Foreign  fire  insurance  companies  to  pay  tax  or 
license  fee — penalty.]  §1.  Be  it  enacted  by  the  people  of  the 
State  of  Illinois , represented  in  the  General  Assembly,  All 
corporations,  companies  and  associations  not  incorporated  under 
the  laws  of  this  State,  and  which  are  engaged  in  any  city,  town 
or  village  organized  under  any  general  or  special  law  of  this 
State,  in  effecting  fire  insurance,  shall  pay  to  the  treasurer  of 
the  city,  town  or  village  for  the  maintenance,  use  and  benefit 
of  the  fire  department  thereof  a sum  of  not  exceeding  two  per 
cent  of  the  gross  receipts  received  by  their  agency  in  such  city, 
town  or  village;  twenty-five  per  cent  of  the  amount  so  collected 
to  be  set  apart  and  appropriated  to  the  fund  for  the  pensioning 
of  disabled  and  superannuated  members  of  the  fire  department, 
and  of  the  widows  and  orphans  of  deceased  members  of  the  fire 
department  of  cities,  villages  or  incorporated  towns  whose  popu- 
lation exceeds  fifty  thousand  and  having  a paid  fire  department. 
Cities,  towns  and  villages  are  hereby  empowered  to  prescribe 
by  ordinances  the  amount  of  tax  or  license  fee  to  be  fixed,  not 
in  excess  of  the  above  rate,  and  at  that  rate  such  corporations, 
companies  and  associations  shall  pay  upon  the  amount  of  all 
premiums,  which  during  the  year  ending  on  every  first  dajr  of 
July  shall  have  been  received  for  any  insurance  effected  or 
agreed  to  be  effected  in  the  city,  town  or  village,  by  or  with 
such  corporation,  companies  or  association,  respectively.  Every 
person  who  shall  act  in  any  city,  town  or  village  as  agent  or 
otherwise  for  or  on  behalf  of  any  such  corporation,  company 


15f>  STATUTES  RELATING  TO  CITY. 

or  association,  shall,  on  or  before  the  15th  day  of  July  of  each 
and  every  year,  render  to  the  city,  town  or  village  clerk  a full, 
true  and  just  account,  verified  by  his  oath,  of  all  the  premiums 
which,  during  the  year  ending  on  every  first  day  of  July  pre- 
ceding such  report,  shall  have  been  received  by  him,  or  any  other 
person  for  him  in  behalf  of  any  such  corporation,  company  or 
association,  and  shall  specify  in  said  report  the  amounts  received 
for  fire  insurance.  Such  agent  shall  also  pay  to  the  treasurer  of 
any  such  city,  town  or  village,  at  the  time  of  rendering  the 
aforesaid  report,  the  amount  of  rates  fixed  by  the  ordinance  of 
the  said  cities,  towns  or  villages  for  which  the  companies,  cor- 
porations oj  associations  represented  by  them  are  severally 
chargeable  by  virtue  of  this  act  and  the  ordinance  passed  in 
pursuance  hereof.  If  such  account  be  not  rendered  on  or  before 
the  day  herein  designated  for  that  purpose,  or  if  the  said  rates 
shall  remain  unpaid  after  that  day,  it  shall  be  unlawful  for 
any  corporation,  company  or  association  so  in  default  to  transact 
any  business  of  insurance  in  any  such  city,  town  or  village  until 
the  said  requisition  shall  have  been  fully  complied  with;  but 
this  provision  shall  not  relieve  any  company,  corporation  or 
association  from  the  payment  of  any  risk  that  may  be  taken  in 
violation  hereof.  [As  amended  by  act  approved  April  24,  1901, 
in  force  July  1,  1901. 

421.  Penalty  for  violating  this  act.]  § 2.  Any  person 
or  persons  violating  any  of  the  provisions  of  this  act  shall  be 
subject  to  indictment,  and  upon  conviction  thereof  in  any  court 
of  competent  jurisdiction,  shall  be  fined  in  any  sum  not  exceed- 
ing one  thousand  ($1,000)  dollars  or  imprisoned  in  the  county 
jail  not  exceeding  six  (6)  months,  either  or  both,  in  the  discre- 
tion of  the  court:  The  amount  of  said  tax  or  license  fee  may 
also  be  recovered  of  said  corporation,  company  or  association, 
or  its  agent,  by  an  action  in  the  name  and  for  the  use  of  any 
such  city,  town  or  village  as  for  money  had  and  received.  Pro- 
vided, that  this  act  shall  only  apply  to  such  cities,  towns  and 
villages  as  have  an  organized  fire  department,  or  maintain  some 
organization  for  the  prevention  of  fires. 

422.  Repeal.]  § 3.  All  acts  or  parts  of  acts  in  conflict 
with  the  provisions  of  this  act  are  hereby  repealed. 


PLEASURE  DRIVEWAYS. 


157 


PLEASURE  DRIVEWAYS  IN  INCORPORATED  CITIES, 
VILLAGES  AND  TOWNS. 

AN  ACT  to  provide  for  pleasure  driveways  in  incorporated  cities,  villages  and 

towns.  [Approved  and  in  force  March  27,  1889.  L.  1889,  p.  83.] 

435.  Pleasure  driveways — how  established.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois , represented  in  the 
General  Assembly , That  the  city  council  in  cities,  the  president 
and  the  board  of  trustees  in  villages,  or  the  board  of  trustees  in 
incorporated  towns,  whether  incorporated  under  the  general  law, 
or  special  charter,  shall  have  the  power  to  designate  by  ordinance 
the  whole  or  any  part  of  not  to  exceed  two  streets,  roads,  ave- 
nues, boulevards  or  highways,  under  their  jurisdiction,  as  a 
public  driveway,  to  he  used  for  pleasure  driving  only,  and  to 
improve  and  maintain  the  same,  and  also  to  lay  out,  establish, 
open,  alter,  widen,  extend,  grade,  pave  or  otherwise  improve 
and  maintain  not  more  than  two  roads,  streets  or  avenues,  and 
designate  the  same  as  pleasure  driveways,  to  be  used  for  pleasure 
driving  only:  Provided , said  powers  shall  only  be  exercised 

when  said  corporate  authorities  are  petitioned  thereto  by  the 
owners  of  more  than  two-thirds  (2-3)  of  the  frontage  of  land 
fronting,  upon  said  proposed  pleasure  driveway. 

436.  May  be  laid  out  under  article  9.]  § 2.  Said 

pleasure  driveways  may  be  laid  out,  extended  and  improved 
under  the  provisions  of  article  9 of  an  act  to  provide  for  the 
incorporation  of  cities  and  villages,  approved  April  10,  1872, 
in  force  July  1,  1872,  and  any  and  all  amendments  thereto. 

437.  Power  of  corporate  authorities  to  regulate,  etc.] 

§ 3.  Said  corporate  authorities  may,  by  ordinance,  regulate, 
restrain  and  control  the  speed  of  travel  upon  said  pleasure  drives, 
and  prescribe  the  kind  of  vehicles  that  shall  be  allowed  upon 
the  same,  and  in  all  things  may  regulate,  restrain  and  control 
the  use  of  said  pleasure  driveways  by  the  public  or  individuals, 
and  may  exclude  therefrom  funeral  processions,  hearses  and 
traffic  teams  and  vehicles,  so  as  to  free  the  same  from  any  and 
all  business  traffic  or  objectionable  travel,  and  make  the  same 
a pleasure  driveway  for  pleasure  driving  only,  and  may  prescribe 
in  such  ordinances  such  fines  or  penalties  for  the  violation 
thereof  as  they  are  allowed  by  law  to  prescribe  for  the  violation 
of  other  ordinances. 


STATUTES  RELATING  TO  CITY. 


1 58 


438.  Emergency.]  § 4.  Whereas,  certain  municipalities 
are  about  establishing  such  pleasure  driveways,  or  boulevards, 
and  doubts  exist  as  to  their  power  so  to  do;  therefore  an  emer- 
gency exists  for  the  passage  of  this  act,  and  the  same  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

STEAM  BOILER  EXPLOSIONS. 

AN  ACT  to  insure  the  better  protection  of  life  and  property  from  steam  boiler  ex- 
plosions. [Approved  June  3,  1889.  In  force  July  1,  1889.  L.  1889,  p.  88. | 

439.  Persons  in  charge  of  steam  boilers — license — penalty.] 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , rep- 
resented in  the  General  Assembly,  That  the  city  council  in 
cities,  and  the  president  and  board  of  trustees  in  towns  and 
villages,  shall  have  power  to  adopt  ordinances  within  their 
respective  limits,  to  provide  for  the  examination,  licensing  and 
regulation  of  persons  having  charge  of  steam  boilers  under 
steam  pressure,  exhausting  through  an  engine,  to  fix  the  amount, 
terms  and  manner  of  issuing  and  revoking  licenses  to  such 
persons;  to  provide  that  it  shall  not  be  lawful  for  any  person 
to  exercise,  within  the  limits  of  the  respective  cities,  towns  and 
villages  which  may  adopt  such  ordinances,  the  business  of 
operating  steam  boilers,  under  steam  pressure,  exhausting 
through  an  engine,  without  a license;  and  to  provide  that  any 
person  violating  the  provisions  of  such  ordinances  shall  be  liable 
to  a penalty  for  each  breach  thereof. 

440.  Board  to  examine — license,  etc.]  § 2.  To  require 
that  all  persons  engaged  in  such  occupation  within  the  jurisdic- 
tion of  such  towns,  cities  and  villages,  so  adopting  such  ordi- 
nances, shall  submit  to  an  examination  by  a competent  board 
of  examiners  to  be  appointed  by  such  councils  and  boards  of 
trustees,  touching  their  competency  and  qualifications  in  regard 
to  such  vocations,  with  power  to  such  board  of  examiners  to 
license  such  persons  as  may  be  found  capable  and  trustworthy 
in  that  behalf. 

NON-RESIDENT  NOT  TO  BE  DEPUTY,  SPECIAL  CON- 
' STABLE  OR  SPECIAL  POLICEMAN. 

AN  ACT  entitled.  “An  Act  to  prevent  non-residents  from  serving  or  acting  as 
deputy  sheriff,  special  policemen  or  special  constables.”  [Approved  June  19, 
1893.  In  force  July  1,  1893.  L.  1893,  p.  2.] 

444.  Non-resident  not  to  be  sheriff,  special  policeman,  etc.] 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  rep- 


INTEREST  ON  WARRANTS. 


159 


resented  in  the  General  Assembly > That  it  shall  he  unlawful 
for  the  sheriff  of  any  county,  or  the  corporate  authorities  of 
any  city,  town  or  village  to  authorize,  empower,  employ  or  per- 
mit any  person  to  act  as  deputy  sheriff,  special  constable  or 
special  policeman  for  the  purpose  of  preserving  the  peace  who 
is  not  a citizen  of  the  United  States  and  has  not  been  an  actual 
resident  of  the  county  where  such  person  is  authorized  to  act 
as  deputy  sheriff,  special  constable  or  special  policeman,  one 
whole  year  before  such  authorization. 

445.  Penalty.]  § 2.  Any  sheriff  or  public  officer  violating 
the  provision  of  this  act  shall  be  deemed  guilty  of  a misde- 
meanor, and  shall  on  conviction,  he  punished  by  a fine  of  not 
less  than  $100  and  not  more  than  $500.  [This  act  is  under 
the  chapter  on  “Sheriffs”  but  is  inserted  here  also  for  conveni- 
ence. 

INTEREST  ON  WARRANTS  OF  MUNICIPAL  CORPORA- 
TIONS. 

AN  ACT  to  provide  for  payment  of  interest  on  warrants  of  municipal  corpora- 
tions. [Approved  June  15,  1895.  In  force  July  1,  1895.  L.  1895,  p.  106.] 

489.  Repealed.]  See  Chapter  146,  Section  4,  Hurd’s  Re- 
vised Statutes  of  1901. 

APPOINTMENT  OF  POLICE  MATRONS. 

AN  ACT  to  provide  for  the  appointment  of  police  matrons  in  cities  having  16,000 
inhabitants  or  more.  [Approved  May  25,  1897.  In  force  July  1,  1897.  L.  1897, 
p.  99.] 

490.  Appointment  of  police  matrons.]  § 1.  Be  it  enacted 

by  the  People  of  the  State  of  Illinois } represented  in  the  General 
Assembly , That  in  all  incorporated  cities  in  this  State,  having 
a population  of  sixteen  thousand  inhabitants  or  more,  it  shall 
be  the  duty  of  the  mayor  of  such  city,  subject  to  confirmation 
by  the  council  of  such  city,  to  appoint  for  the  term  of  one  year, 
one  or  more  police  matrons,  who  shall  have  charge  of  all  female 
prisoners  in  their  respective  cities,  in  the  police  station,  city 
prison,  workhouse,  or  calaboose  of  such  city,  and  who  shall  per- 
form such  duties  in  that  regard  as  shall  be  prescribed  by  the 
ordinances  of  such  city:  Provided , in  cities  of  over  50,000 

inhabitants  they  need  not  be  confirmed  by  the  council  or  board 
of  trustees.  [See  § 74. 

490a.  Salaries  of  police  matrons.]  § 2.  The  salaries  to 
be  paid  to  each  of  said  matrons  shall  be  fixed  annually  by  the 


160 


STATUTES  RELATING  TO  CITY. 


council  or  president  and,  as  the  case  may  be,  out  of  the  funds 
to  be  duly  appropriated  for  that  purpose. 


LAYING  GAS  PIPE 
POP  LIGHTING 


S,  ERECTING  ELECTRIC  POLES 
AND  HEATING  PURPOSES— 
FRONTAGE. 


AN  ACT  to  regulate  and  prescribe  the  conditions  for  the  granting  of  rights  and 
privileges  tor  lighting  and  heating  purposes  by  cities,  villages  and  incor- 
porated towns,  and  providing  a remedy  by  the  property  owner  where  such 
conditions  have  not  been  complied  with.  [Approved  June  5,  1897.  In  force 
July  1,  1897.  L.  18;>7,  p.  100.] 

491.  Conditions  upon  which,  privileges  to  lay  pipes  or 
string  wires  for  lighting  purposes  in  streets  may  be  granted — 
remedy  of  property  owners.]  § 1.  Be  it  enacted  by  the  people 
of  the  State  of  Illinois , represented  in  the  General  Assembly, 
That  the  city  council  in  cities,  or  the  president  and  board  of 
trustees  in  villages  and  incorporated  towns  shall  have  no  power 
to  pass  an  ordinance  granting  to  any  person  or  corporation  the 
right  or  privilege  to  lay  any  gas  pipes  for  the  distribution  of 
inflammable  gas  for  fuel  or  lighting  purposes,  or  to  pass  an 
ordinance  granting  to  any  person  or  corporation  the  right  or 
privilege  to  lay  in  or  on  the  ground,  or  string  on  poles  any  wires 
on,  over  or  by  which  electricity  for  lighting  purposes  is  to  be 
used,  conveyed  or  distributed  in  any  street,  alley  or  public 
grounds  in  any  such  city,  village  or  incorporated  town,  except 
upon  the  petition  of  the  owner  of  the  land  representing  more 
than  one-half  of  the  frontage  on  the  street  or  alley,  or  so  much 
thereof  as  is  sought  to  be  used  for  the  purposes  above  mentioned, 
or  any  or  either  of  them,  and  when  the  street  or  alley,  or  part 
thereof  sought  to  be  used  shall  be  more  than  one  mile  in  length, 
no  right  or  privilege  to  lay  pipes,  or  lay  or  string  wires  for 
lighting  purposes  shall  be  granted,  unless  a petition  therefor 
shall  be  presented  to  the  city  council  of  the  city,  or  board  of 
trustees  of  the  incorporated  town  or  village  in  which  such  right 
or  privilege  is  sought,  signed  by  the  owners  of  the  land  repre- 
senting more  than  one-half  of  the  frontage  of  each  mile,  and 
of  the  fraction  of  a mile,  if  any,  in  excess  of  the  whole  mile, 
measuring  from  the  initial  point  named  in  such  petition,  of 
such  street  or  alley,  or  of  the  part  thereof  sought  to  be  used 
for  the  purposes  above  mentioned,  or  either  of  them.  Any 
person  being  the  owner  of,  or  interested  in  any  lot  fronting  on 
any  street  or  alley,  or  part  thereof,  as  is  sought  to  be  used  for 


LICENSING  OF  PLUMBERS. 


161 


any  or  either  of  such  purposes,  shall  have  the  right  by  hill  in 
chancery,  in  his  or  their  own  name,  to  enjoin  any  person  or 
corporation  from  using  such  street  or  alley,  or  part  of  street 
or  alley  for  either  of  such  purposes,  under  any  grant  by  the 
city  council  or  board  of  trustees,  which  is  not  made  in  con- 
formity with  the  provisions  hereof,  and  the  sufficiency  of  the 
petition  herein  required,  shall  be  ascertained  by  the  court  in 
which  such  bill  in  chancery  may  be  filed. 

FOR  THE  LICENSING  OF  PLUMBERS  AND  TO  SUPER- 
VISE AND  INSPECT  PLUMBING. 

AN  ACT  to  provide  for  the  licensing  of  plumbers  and  to  supervise  and  inspec 

plumbing.  [Approved  June  10,  1897.  In  force  July  1,  1897.  L.  1897,  p.  279.] 

498.  Person  working  as  plumber  to  receive  certificate.] 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , rep- 
resented in  the  General  Assembly , That  any  person  now  or 
hereafter  engaging  in  or  working  at  the  business  of  plumbing 
in  cities  or  towns  of  5,000  inhabitants  or  more  in  this  State, 
either  as  a master  plumber  or  employing  plumber  or  as  a jour- 
neyman plumber,  shall  first  receive  a certificate  thereof,  in 
accordance  with  the  provisions  of  this  act. 

499.  Board  to  examine  plumber’s  certificate.]  § 2.  Any 

person  desiring  to  engage  in  or  work  at  the  business  of  plumbing, 
either  as  a master  plumber  or  employing  plumber,  or  as  a jour- 
neyman plumber,  shall  make  application  to  a board  of  examiners 
hereinafter  provided  for,  and  shall  at  such  time  and  place  as 
said  board  may  designate,  be  compelled  to  pass  such  examina- 
tion as  to  his  qualifications,  as  said  board  may  direct;  said  ex- 
amination may  be  made  in  whole  or  in  part,  or  [in]  writing, 
and  shall  be  of  a practical  and  elementary  character  but  suffi- 
ciently strict,  to  test  the  qualifications  of  the  applicant. 

500.  Board  to  be  appointed  by  the  mayor.]  § 3.  That 

there  shall  be  in  every  city,  town  or  village,  of  10,000  inhabit- 
ants or  more,  a board  of  examiners  of  plumbers,  consisting  of 
three  members  one  of  which  shall  be  the  chairman  of  the  board 
of  health,  who  shall  be  office  [ex-officio]  chairman  of  said  board 
of  examiners,  a second  member,  who  shall  be  a master  plumber, 
and  a third  member  who  shall  be  a journeyman  plumber.  Said 
second  and  third  members  shall  be  appointed  by  the  mayor  and 


STATUTES  RELATING  TO  CITY. 


1G2 


approved  by  the  [city]  council  or  by  the  board  of  trustees  of 
said  town,  or  village,  within  three  months  after  the  passage  of 
this  act,  for  the  term  of  one  year  from  the  first  day  of  May, 
in  the  year  of  appointment,  and  thereafter  annually  before  the 
first  day  of  May,  and  shall  be  paid  from  the  treasury  of  said 
city,  town  or  village,  the  same  as  other  officers,  in  such  sums 
as  the  authorities  may  designate. 

501.  Meeting  of  board  of  examiners — scope  of  examina- 
tion— certificate  of  qualification — fee  for.]  § 4.  Said  board 
of  examiners  shall,  as  soon  as  may  be,  after  the  appointment, 
meet  and  shall  then  designate  the  times  and  places  for  the 
examination  of  all  applicants,  desiring  to  engage  in,  or  work 
at,  the  business  of  plumbing,  within  their  respective  jurisdiction. 
Said  board  shall  examine  said  applicants  as  to  their  practical 
knowledge  of  plumbing,  house  drainage,  and  plumbing  ventila- 
tion ; and,  if  satisfied  of  the  competency  of  such  applicants,  shall 
thereupon  issue  a.  certificate  to  such  applicant,  authorizing  him 
to  engage  in,  or  work  at,  the  business  of  plumbing,  whether  as 
master  plumber,  or  employing  plumber,  or  as  a journeyman 
plumber. 

The  fee  for  a certificate  for  a master  plumber,  or  employing 
plumber,  shall  be  $5.00;  for  a journeyman  plumber  it  shall  be 
$1.00.  Said  certificate  shall  be  valid  and  have  force  throughout 
the  State,  and  all  fees  received  for  said  certificates  shall  be 
paid  into  the  treasury  of  the  city,  town  or  village,  where  said 
certificates  are  issued. 

502.  Cities,  etc.,  to  prescribe  rules  and  regulations  for  the 
material,  constructions,  alterations  and  inspection  of  all 
plumbing  and  sewerage,  etc.]  § 5.  Each  city,  town  or  vil- 
lage, in  this  State,  having  a system  of  water  supply  or  sewerage, 
shall  by  ordinance  or  by-law,  within  three  months  of  the  pas- 
sage of  this  act,  prescribe  rules  and  regulations  for  the  mate- 
rials, constructions,  alteration  and  inspection  of  all  plumbing 
and  sewerage  placed  in,  or  in  connection  with,  any  building  in 
such  city,  town  or  village;  and  the  board  of  health,  or  proper 
authorities,  shall  further  provide  that  no  plumbing  work  shall 
be  done,  except  in  case  of  repairing  leaks,  without  a permit  be- 
ing first  issued  therefor,  upon  such  terms  and  conditions  as  such 
city,  town  or  village,  shall  prescribe. 


HOUSES  OF  CORRECTION.  103 

503.  Who  required  to  take  examination  and  procure  cer- 
tificates.] § 6.  All  persons  who  are  required  by  this  act  to 
take  examinations  and  procure  a certificate  as  required  by  this 
act  shall  apply  to  the  board  in  the  city  where  he  resides  or  to 
the  board  nearest  his  place  of  residence. 

504.  Penalty  for  violating  act.]  § 7.  Any  person  violat- 
ing any  provision  of  this  act  shall  be  deemed  guilty  of  a mis- 
demeanor, and  be  subject  to  a fine  of  not  less  than  five  dollars 
($5.00)  nor  exceeding  fifty  dollars  ($50.00)  for  each  and  every 
violation-  therefor,  and  his  certificate  may  be  revoked  by  the 
board  of  health  or  proper  authorities  of  said  city,  town  or  village. 

505.  Repeal.]  § 8.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

TO  ESTABLISH  HOUSES  OF  CORRECTION  OUTSIDE 
OF  CORPORATE  LIMITS. 

AN  ACT  to  authorize  cities  to  establish  houses  of  correction  outside  of  the  cor- 
porate limits  and  authorize  the  confinement  of  convicted  persons  therein. 

[Approved  June  11,  1897.  In  force  Julyl,  1897.  L.  1897,  p.  97.] 

506.  May  establish  houses  of  correction  outside  of  cor- 
porate limits — police  powers  over.]  § 1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly,  That  it  shall  be  lawful  for  the  municipal  authorities 
of  any  city  within  this  State,  to  purchase,  own  and  control  not 
to  exceed  forty  acres  of  land  within  the  incorporate  limits  of 
such  city  or  outside  and  within  three  miles  of  the  corporate 
limits  of  any  such  city,  for  the  purpose  of  establishing  thereon 
a house  of  correction  and  other  buildings  or  appurtenances 
thereto  which  shall  be  used  for  the  confinement  and  punishment 
of  criminals  or  persons  sentenced  or  committed  thereto  under 
the  provisions  of  this  act,  or  any  law  of  this  State,  or  ordinance 
of  any  city  of  [or]  village  authorizing  the  confinement  of  con- 
victed persons  in  any  such  house  of  correction. 

And  when  such  land  is  purchased  and  house  of  correction 
established  by  any  such  city  outside  of  the  corporate  limits 
thereof,  such  city  and  the  municipal  authorities  thereof  shall 
have  full  and  complete  police  powers  over  such  lands  and  terri- 
tory surrounding  the  same  as  is  now  conferred  by  law  upon  in- 
corporated cities,  towns  and  villages  within  this  State  over  terri- 
tory lying  within  the  corporate  limits  thereof. 


164 


STATUTES  RELATING  TO  CITY. 


LOCAL  1 M PKOVEMENTS— SPECIAL  ASSESSMENTS 
AND  SPECIAL  TAXATION. 


AN  ACT  concerning  local  improvements.  [Approved  June  14,  1897.  In  force 
July  1,  1897.  As  amended  by  act  approved  April  19,  1899.  In  force  July  1, 
1899.  As  amended  by  act  approved .and  in  force  May  9,  1901.] 

Note  1.— The  headnotes  herein  contained  are  a part  of  the  act,  and  not  the 
work  of  the  editor. 

No  ie  2.  - While  the  editor  has  in  some  instances  inserted  words  or  letters  in 
[ ] to  make  the  act  read  as  he  thinks  was  intended  by  the  legislature,  he  has  not 
assumed  to  reform  its  grammar. 


507.  Powers  conferred.]  § 1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois , represented  in  the  General  Assembly. 
That  the  corporate  authorities  of  cities,  villages  and  incorporated 
towns  are  hereby  vested  with  the  power  to  make  such  local  im- 
provements as  are  authorized  by  law,  by  special  assessment,  or 
by  special  taxation,  of  contiguous  property,  or  by  general  taxa- 
tion, or  otherwise,  as  they  shall  by  ordinance  prescribe : 

Provided , That  thi^  act  shall  apply  only  to  such  cities  and 
villages  as  are  now,  or  shall  hereafter  become,  incorporated  under 
an  act  entitled  “An  act  to  provide  for  the  incorporation  of  cities 
and  villages,”  approved  April  10,  1872,  in  force  July  1,  1872, 
and  to  all  cities,  villages  and  incorporated  towns  which  have 
heretofore  adopted  article  9 of  the  act  above  mentioned,  in  the 
manner  therein  provided,  or  shall  hereafter  adopt  this  act,  as 
herein  provided;  but  all  other  * corporate  authorities,  having 
power  to  levy  special  assessments  or  special  taxes  for  local  im- 
provements, may  make  use  of  the  provisions  of  this  act  for  that 
purpose  in  the  manner  hereinafter  provided.  [See  § 604. 

508.  Municipal  officers  in  cities  of  50,000  inhabitants  and 
over.] 

509.  In  cities  having  a population  of  less  than  50,000.] 

§ 3.  In  cities  having  a population  of  less  than  fifty  thousand 
(50,000),  ascertained  as  aforesaid,  and  in  villages  and  incor- 
porated towns,  the  city  council  or  board  of  trustees  may,  in  their 
discretion,  provide  by  ordinance  that  the  mayor  or  president, 
as  the  case  may  be,  shall  appoint  and  designate  a superintendent 
of  streets  and  a public  engineer,  which  offices  may  be  discontinued 
by  ordinance,  to  take  effect  at  the  expiration  of  the  then  fiscal 
year,  and  no  officer,  filling  any  office  so  discontinued  shall  have 
any  claim  against  such  city,  village  or  town  for  any  compensation 
after  such  discontinuance.  Vacancies  therein  shall  be  filled  as 


LOCAL  IMPROVEMENTS. 


165 


above  provided.  The  compensation  and  term  of  office  shall  be 
ascertained  as  in  the  last  paragraph.  [As  amended  by  an  act 
approved  and  in  force  May  9,  1901. 

510.  Ordinance  authorizing  improvements — petition  of  pro- 

perty owners.]  § 4.  When  any  such  city,  town  or  village 
shall  by  ordinance  provide  for  the  making  of  any  local  improve- 
ment, it  shall  by  the  same  ordinance  prescribe  whether  the  same 
shall  be  made  by  special  assessment,  or  by  special  taxation  of 
contiguous  property,  or  general  taxation,  or  both.  But  in  cities, 
towns  or  villages  having  a population  of  less  than  fifty  thousand, 
ascertained  as  aforesaid,  no  ordinance  for  making  any  local 
improvement  to  be  paid  by  special  assessment  or  by  special  tax- 
ation of  contiguous  property  shall  be  adopted  unless  the  owners 
of  one-half  of  the  property  abutting  on  the  line  of  the  proposed 
improvement  shall  petition  for  the  same:  Provided that  in 

cities,  towns  or  villages  of  a population  of  10,000  or  under,  no 
ordinance  for  making  any  improvement  shall  be  adopted  unless 
a majority  of  resident  property  owners  affected  by  such  im- 
provement shall  petition  for  the  same.  [As  amended  by  act  ap- , 
proved  April  19,  1899.  In  force  July  1,  1899.  L.  1899,  p.  95. 

511.  Restriction  on  passage  of  ordinance.]  § 5.  No  ordi- 
nance for  any  local  improvements,  to  be  paid  wholly  or  in  part 
by  special  assessment  or  special  taxation,  shall  be  considered  or 
passed  by  the  city  council  or  board  of  trustees  of  any  such  city, 
village  or  town,  unless  the  same  shall  first  be  recommended  by 
the  board  of  local  improvements  provided  for  by  this  act. 

512.  Board  of  local  improvements.]  § 6.  In  cities  within 
the  terms  of  this  act,  having  a population  of  one  hundred  thou- 
sand (100,000)  or  more,  by  the  last  preceding  census  of  the 
United  States,  or  of  this  State,  there  is  hereby  created  a board 
of  local  improvements,  consisting  of  the  superintendent  of  special 
assessments  and  four  other  members;  such  four  other  mem- 
bers shall  be  nominated  by  the  mayor  and  shall  be  confirmed 
by  the  council  or  board  of  trustees  of  such  city;  and  no  one  of 
which,  except  such  superintendent  of  special  assessments,  shall 
be  the  head  of  any  department  of  the  government  of  such  city 
or  hold  any  other  office  or  position  therein.  Said  board  shall 
elect  from  its  members  a president,  a vice-president  and  an  as- 


STATUTES  RELATING  TO  CITY. 


1GG 

sistant  secretary.  The  superintendent  of  special  assessments 
shall  be  ex-ofjicia  secretary  of  the  board.  In  the  absence  or  the 
inability  of  the  president  and  the  secretary  to  act,  the  vice- 
president  for  the  president,  and  the  assistant  secretary  for  the 
secretary,  are  hereby  given  full  power  to  sign  and  execute  con- 
tracts, vouchers,  bonds,  pay-rolls  and  all  other  papers,  docu- 
ments, and  instruments  necessary  to  carry  this  act  and  all  pro- 
ceedings hereunder  into  full  force  and  effect.  Said  board  shall 
hold  daily  sessions  for  the  transaction  of  all  business  in  rooms 
accessible  to  the  public,  to  be  provided  by  the  city  council. 

The  city  couucil  or  board  of  trustees  of  such  city  shall  pro- 
vide for  salaries  for  said  board  of  local  improvements. 

In  cities  within  the  terms  of  this  act  having  a population  of 
more  than  fifty  thousand  (50,000)  and  less  than  one  hundred 
thousand  (100,000),  by  the  last  preceding  census  of  the  United 
States,  or  of  this  State,  there  is  hereby  created  a board  of  local 
improvements,  consisting  of  five  members,  of  which  board  the 
commissioner  of  public  works  shall  be  the  president.  The  other 
members  of  said  board  shall  be  the  superintendent  of  streets, 
the  superintendent  of  sewers,  the  superintendent  of  special  as- 
sessments and  the  city  engineer. 

In  cities  having  a population  of  less  than  fifty  thousand 
(50,000),  and  in  villages  and  incorporated  towns,  the  board  of 
local  improvements  shall  consist  of  the  mayor  of  said  city,  or 
the  president  of  such  village  or  town,  who  shall  be  president 
of  such  board,  and  the  public  engineer  and  the  superintendent 
of  streets  of  such  municipality,  where  such  officers  shall  be 
provided  for  by  ordinance;  but,  if  at  any  time,  no  such  officers 
shall  be  provided  for,  then  the  city  council  or  the  board  of 
trustees,  as  the  case  may  be,  shall  by  ordinance  designate  two 
or  more  members  of  such  body,  who  shall,  with  such  mayor  or 
president  of  such  village  or  town,  until  otherwise  provided  by 
ordinance,  constitute  the  members- of  the  board. 

513.  Proceedings  preliminary  to  public  hearing.]  § 7.  All 

ordinances  for  local  improvement  to  be  paid  for  wholly  or  in 
part  by  special  assessment  or  special  taxation  shall  originate 
with  the  board  of  local  improvements.  Petitions  for  any  such 
public  improvement  shall  be  addressed  to  said  board.  Said 


LOCAL  IMPROVEMENTS. 


167 


board  shall  have  the  power  to  originate  a scheme  for  any  local 
improvement  to  be  paid  for  by  special  assessment  or  special 
tax,  either  with  or  without  a petition,  and  in  either  case  shall 
adopt  a resolution  describing  the  proposed  improvement,  which 
resolution  shall  be  at  once  transcribed  into  the  records  of  the 
board. 

Whenever  the  proposed  improvement  will  require  that  private 
property  be  taken  or  damaged,  such  resolution  shall  describe 
the  property  proposed  to  be  taken  for  that  purpose.  Said  board 
shall,  by  the  same  resolution,  fix  a day  and  hour  for  the  public 
consideration  thereof,  which  shall  not  be  less  than  ten  days  after 
the  adoption  of  such  resolution.  Said  board  shall  also  cause 
an  estimate  of  the  costs  of  such  improvement  (omitting  land  to 
be  acquired)  to  he  made  in  writing  by  the  engineer  of  the  board 
(if  there  be  one,  if  not,  then  by  the  president)  over  his  signa- 
ture, which  shall  be  itemized  to  the  satisfaction  of  said  board 
and  which  shall  be  made  a part  of  the  record  of  such  resolution. 
Notice  of  the  time  and  place  of  such  public  consideration  or 
hearing  shall  be  sent  b}^  mail  directed  to  the  person  who  paid 
the  general  taxes  for  the  last  preceding  year  on.each  lot,  block, 
tract  or  parcel  of  land  fronting  on  the  proposed  improvement, 
not  less  than  five  (5)  days  prior  to  the  time  set  for  such  pub- 
lic hearing.  Said  notice  shall  contain  the  substance  of  the 
resolution  adopted  by  the  board  and  the  estimate  of  the  cost 
of  the  proposed  improvement,  and  a notification  that  the  extent, 
nature,  kind,  character  and  estimated  cost  of  such  proposed  im- 
provement may  be  changed  by  said  board  at  the  public  consid- 
eration thereof,  and  that  if  upon  such  hearing  the  board  shall 
deem  such  improvement  desirable,  it  shall  adopt  a resolution 
therefor  and  prepare  and  submit  an  ordinance  therefor  as  here- 
inafter provided. 

Provided , however , that  in  proceedings  only  for  the  laying, 
building,  constructing  or  renewing  of  any  sidewalk,  water 
service  pipe  or  house  drain,  no  resolution,  • public  hearing  or 
preliminary  proceedings  leading  up  to  the  same  shall  be  neces- 
sar}L  In  such  proceedings  the  board  may  submit  to  the  city 
council  or  board  of  trustees,  as  the  case  may  be,  an  ordinance, 
together  with  its  recommendation,  and  the  estimated  cost  of 
the  improvement,  as  made  by  the  engineer,  as  herein  provided, 


STATUTES  RELATING  TO  CITY. 


108 


and  such  proceedings,  shall  have  the  same  force  and  effect  as 
though  a public  hearing  had  been  had  thereon. 

514.  Public  hearing.]  § 8.  At  the  time  and  place  fixed 
in  said  notice  for  the  public  hearing,  the  said  board  shall  meet 
and  hear  the  representations  of  any  person  desiring  to  be  heard 
on  the  subject  of  the  necessity  for  the  proposed  improvement, 
the  nature  thereof,  or  the  cost  as  estimated.  In  case  any  per- 
son shall  appear  to  object  to  the  proposed  improvement  or  any 
of  the  elements  thereof,  said  board  shall  adopt  a new  resolution 
abandoning  the  said  proposed  scheme,  or  adhering  thereto,  or 
changing,  altering  or  modifying  the  extent,  nature,  kind, 
character  and  estimated  cost,  provided  such  change  shall  not 
increase  the  estimated  cost  of  the  improvement  to  exceed 
twenty  (20)  per  centum  of  the  same,  without  a further  pub- 
lic hearing  thereon,  as  it  shall  consider  most  desirable;  and 
thereupon,  if  the  said  proposed  improvement  be  not  abandoned, 
the  said  board  shall  cause  an  ordinance  to  be  prepared  therefor, 
to  be  submitted  to  the  council  or  . board  of  trustees  (as  the  case 
may  be).  Such  ordinance  shall  prescribe  the  nature,  character, 
locality  and  description  of  such  improvement,  and  shall  pro- 
vide whether  the  same  shall  be  made  wholly  or  in  part  by  spe- 
cial assessment,  or  special  taxation  of  contiguous  property;  and 
if  in  part  only,  shall  so  state. 

If  property  is  to  be  taken  or  damaged  for  said  improvement, 
such  ordinance  shall  describe  the  same  with  reasonable  certainty. 

In  cities  of  100,000  inhabitants  or  over,  when  a remonstrance 
petition  is  filed  by  the  owners  of  a majority  of  the  frontage 
on  the  line  of  the  proposed  improvement  with  the  board  of 
local  improvements  within  thirty  (30)  days  after  the  public 
hearing  thereon,  said  board  shall  thereupon  stay  all  proceedings 
threin  for  one  year  from  said  date. 

The  remonstrance  above  referred  to  to  be  filed  with  the  board 
shall  contain  the  signatures  of  the  owners  or  legal  representa- 
tives, the  description  of  the  property  owned-  or  represented,  the 
number  of  feet  so  owned  or  represented,  and  shall  be  verified 
by  affidavit  of  one  or  more  property  owners  fronting  on  the  line 
of  the  proposed  improvement,  setting  forth  that  the  party  mak- 
ing the  affidavit  is  a property  owner  fronting  on  the  proposed 
improvement,  and  that  the  parties  who  signed  the  same  are  the 


LOCAL  IMPROVEMENTS. 


169 


owners  or  legal  representatives  of  the  property  described 
therein. 

515.  Recommendation  by  board.]  § 9.  With  any  such 
ordinance,  presented  by  such  board  to  the  city  council  or 
board  of  trustees,  shall  be  presented  also  a recommendation  of 
such  improvement  by  the  said  board,  signed  by  at  least  a ma- 
jority of  the  members  thereof.  The  recommendation  by  said 
board,  shall  be  prima  facie  evidence  that  all  the  preliminary  re- 
quirements of  the  law  have  been  complied  with,  and  if  a variance 
be  shown  on  the  proceedings  in  the  court,  it  shall  not  affect  the 
validity  of  the  proceedings,  unless  the  court  shall  deem  the  same 
wilful  or  substantial. 

516.  Estimate  of  cost.]  § 10.  Together  with  the  said  ordi- 
nance and  recommendation  shall  be  presented  to  the  city  coun- 
cil or  board  of  trustees  an  estimate  of  the  cost  of  such  improve- 
ment, as  originally  contemplated,  or  as  changed,  altered  or 
modified  at  the  public  hearing,  itemized  so  far  as  the  board 
of  local  improvements  shall  think  necessary,  over  the  signature 
of  the  engineer  of  the  board,  if  there  be  one ; if  not,  then  of  the 
president  of  said  board,  who  shall  certify  that,  in  his  opinion, 
the  said  estimate  does  not  exceed  the  probable  cost  of  the  im- 
provement proposed  and  the  lawful  expenses  attending  the 
same.  The  recommendation  by  said  board  shall  be  prima  facie 
evidence  presumed  to  be  based  upon  a full  compliance  with  the 
requirements  of  the  act.  [As  amended  by  act  approved  and  in 
force  May  9,  1901. 

517.  Publication  of  ordinance.]  § 11.  Upon  the  presenta- 
tion to  the  common  council  or  board  of  trustees  of  such  pro- 
posed ordinance,  together  with  such  recommendation  and  esti- 
mate, if  the  said  estimate  of  cost  shall  exceed  the  sum  of  one 
hundred  thousand  dollars  ($100,000),  (exclusive  of  the  amount 
to  be  paid  for  land  to  be  taken  or  damaged),  such  ordinance  shall 
be  referred  to  the  proper  committee,  and  published  in  the 
proceedings  of  the  council  or  board  of  trustees,  in  the  usual 
way,  in  full,  with  the  recommendation  and  estimates,  at  least 
one  week  before  any  action  shall  be  taken  thereon  by  the  coun- 
cil or  board  of  trustees. 

518.  When  property  is  taken.  ] § 12.  Should  such  an  or  di- 

nance  provide  for  improvements  which  require  the  taking  or 


170 


STATUTES  RELATING  TO  CITY. 


damaging  of  property,  the  proceeding  for  making  just  com- 
pensation therefor  shall  be  as  described  in  sections  13  to  33, 
inclusive,  in  this  act. 

519.  Petition.]  § 13.  Whenever  any  such  ordinance  shall 
be  passed  by  the  legislative  authority  of  any  such  city,  village 
or  town,  for  the  making  of  any  local  improvement  that  such 
city,  village  or  town  is  authorized  to  make,  to  be  paid  for 
wholly  or  in  part  by  special  assessment,  or  by  special  taxation, 
the  making  of  which  will  require  that  private  property  be  taken 
or  damaged  for  public  use,  such  city  or  village  shall,  either  in 
such  ordinance  or  by  subsequent  order,  designate  some  officer 
to  file  a petition  in  some  court  of  record  of  the  county  in  which 
such  city,  village  or  town  is  situated  in  the  name  of  the  mu- 
nicipality, praying  that  steps  may  be  taken  to  ascertain  the 
just  compensation  to  be  made  for  private  property  to  be  taken 
or  damaged  for  the  improvement  or  purpose  specified  in  such 
ordinance,  and  to  ascertain  what  property  will  be  benefited  by 
such  improvement,  and  the  amount  of  such  benefit. 

520.  Contents  of  petition — commissioners.]  § 14.  Such 

petition  shall  contain  a reasonably  accurate  description  of  lots, 
blocks,  tracts  and  parcels  of  land  which  shall  be  taken  or  dam- 
aged. There  shall  be  filed  with  or  attached  to  such  petition  a 
copy  of  said  ordinance,  certified  by  the  clerk,  under  the  corporate 
seal,  but  the  failure  to  file  such  copy  shall  not  affect  the  juris- 
diction of  the  court  to  proceed  in  said  cause,  and  to  act  upon 
said  petition;  but  if  it  shall  appear  in  any  such  cause  that  a 
copy  of  the  ordinance  has  not  been  attached  to ' or  filed  with 
said  petition  before  the  report  of  the  commissioners  shall  be 
filed,  as  provided  in  section  .fifteen,  then,  upon  motion  of  any 
person  whose  real  estate  is  to  be  taken,  or  to  be  assessed,  the 
entire  petition  and  proceedings  shall  be  dismissed.  Upon  the 
filing  of  the  petition  the  court  shall  enter  an  order  designating 
two  competent  persons  as’  commissioners,  to  act  with  the  super- 
intendent of  special  assessments  (where  such  officer  is  pro- 
vided for  by  this  act,  and  in  other  cases  the  president  of  said 
board  of  local  improvements),  who  shall  investigate  and  re- 
port to  the  court  the  just  compensation  to  be  made  to  the  re- 
spective owners  of  private  property  which  will  be  taken  or 
damaged  for  the  said  improvement,  and  also  what  real  estate 


LOCAL  IMPROVEMENTS. 


171 


will  be  benefited  by  such  improvement,  and  the  amount  of  such 
benefits  to  each  parcel.  Neither  shall  be  employes  of  the  pe- 
titioning municipality,  and  both  shall  be  disinterested  persons. 
They  shall  be  allowed  a fee  for  their  services,  which  shall  be 
fixed  by  the  court  in  advance  and  taxed  as  costs,  and  included 
in  the  amount  to  be  assessed.  The  amount  so  allowed  may  be 
taxed  as  costs,  and  included  in  the  amount  to  be  assessed.  The 
amount  so  allowed  may  be  reviewed  by  the  court  on  motion. 
Said  three  commissioners  shall  be  duly  sworn  to-  make  a true 
and  just  assessment  of  the  cost  of  said  improvement,  accord- 
ing to  law.  The  concurrence  of  any  two  inNa  report  shall  be 
sufficient. 

521.  Commissioners’  report.]  § 15.  Such  commissioners 
shall  thereupon  make  such  investigation,  and  prepare  and  file 
in  court  their  report  accordingly,  in  and  by  which  report  they 
shall,  in  one  column,  describe  the  respective  parcels  of  prop- 
erty to  be  taken  or  damaged  for  such  improvement;  in  another 
column  the  respective  owners  of  record  of  the  said  parcels  of 
land,  the  name  and  residence  of  each  such  owner  being  set 
opposite  his  own  propert}^;  in  another  column  the  name  and 
residence  of  the  occupant,  where  the  property  is  occupied,  so 
far  as  known  to  such  commissioners  or  can  be  found  upon  dili- 
gent inquiry;  in  another  column  the  amount  of  the  value  of  each 
piece  or  parcel  to  be  taken  for  such  improvement,  setting  the 
same  opposite  the  property  to  which  it  relates;  and  in  another 
column  the  amount  of  damages,  if  any,  which  in  their  opinion, 
will  result  to  any  piece  or  parcel  of  land  not  taken,  by  reason  of 
the  said  improvement,  describing  each  piece  or  parcel  so  damaged 
by  a reasonably  accurate  description;  said  commissioners  shall 
further  estimate  and  report  what  proportion  of  the  total  cost 
of  such  improvement  (including  therein  their  estimate  of  value 
and  damages,  and  the  estimate  of  cost)  will  be  of  benefit  to 
the  .public,  and  what  proportion  thereof  will  be  of  benefit  to 
the  property,  and  shall  apportion  the  same  between  the  munici- 
pality and  such  property  so  that  each  shall  bear  its  relative 
equitable  proportion;  and  having  found  said  amounts,  shall 
further  report  what  lots,  blocks,  tracts  and  parcels  of  land  will 
be  specially  benefited  by  the  said  improvement,  and  shall  de- 
scribe the  same  by  a reasonably  accurate  description,  and  shall 


172 


STATUTES  RELATING  TO  CITY. 


apportion  and  assess  the  amount  so  found  to  be  of  benefit  to 
the  property  upon  the  several  lots,  blocks,  tracts  and  parcels  of 
land  in  the  proportion  in  which  they  will  be  severally  bene- 
fited by  said  improvement:  Provided,  that  no  lot,/ block,  tract 
or  parcel  of  land  shall  be  assessed  a greater  amount  than  it  will 
be  actually  benefited. 

522.  Net  damages  or  benefit.]  § 16.  If  the  amount 

awarded  to  any  person  for  property  taken  or  damaged  for  such 
improvement  be  greater  than  the  amount'  assessed  against  the 
property  for  such  improvement,  or  if  the  benefit  be  greater  than 
the  damage,  in  cither  case  the  difference  only  shall  be  collectible 
of  the  owner  or  be  paid  to  him.  [As  amended  by  act  approved 
and  in  force  May  1),  1901. 

523.  Offset  for  land  donated.]  § 17.  In  the  assessment  of 
damages  and  benefits  for  the  opening  of  any  street  or  alley  it 
shall  be  lawful  for  such  commissioner  [s],  in  making  such  as- 
sessment, where  part  of  the  land  to  be  laid  out  into  such  street 
or  alley  has  been  theretofore  donated  by  any  person  or  persons 
for  such  street  or  alley,  to  appraise  the  value  of  the  land  so 
donated,  and  to  apply  the  value  thereof,  so  far  as  the  amount 
so  appraised  shall  go,  as  an  offset  to  the  benefits  assessed  against 
the  person  or  persons  making  such  donation,  or  parties  claim- 
ing under  them,  but  nothing  herein  contained  shall  authorize 
any  person  or  persons  by  whom  such  donation  is  made  to  claim 
from  the  city,  village  or  town,  the  amount  of  such  appraise- 
ment, except  as  an  offset,  as  herein  provided;  and  where  the 
assessment  is  only  for  the  widening  of  any  street  which  may 
have  been  theretofore  donated,  either  in  whole  or  in  part,  to 
the  public  by  the  proprietors  of  the  adjoining  land,  it  shall 
also  be  lawful  for  said  commissioners,  in  their  discretion,  to 
make  such  allowance  therefor  in  their  assessment  of  benefits 
as  shall  seem  to  them  equitable  and  just;  but  in  either  such 
case  they  shall  state  in  their  report  the  amount  of  such  allow- 
ance, and  the  same  shall  be  subject  to  review,  as  the  court  shall 
direct. 

.524.  Commissioners’  certificate.]  § 18.  Such  commission- 
ers shall  return  their  said  report  to  the  court  in  which  said 
petition  was  filed,  and  file  the  same  with  the  clerk  thereof,  with 
their  certificate,  duly  verified,  stating  in  substance  that  they  have 


LOCAL  IMPROVEMENTS. 


173 


carefully  examined  the  questions  referred  to  in  their  report, 
and  that  in  their  opinion  the  amounts  awarded  for  damages 
and  value  therein,  and  the  assessment  district  therein  shown, 
and  the  respective  amounts  assessed  against  the  private  prop- 
erty, and  also  the  apportionment  of  the  cost  of  said  improve- 
ment between  the  public  and  the  private  property  assessed,  and 
the  allowance  for  property  theretofore  dedicated,  if  any,  are 
correct,  equitable  and  just.  The  return  and  filing  of  such  re- 
port shall  be  deemed  an  application  by  the  petitioner  for  judg- 
ment of  condemnation  of  the  property  so  to  be  taken  or  dam- 
aged, and  for  a confirmation  of  the  said  assessment  of  benefit. 

525.  Affidavit  of  ownership.]  § 19.  The  superintendent 
of  special  assessments,  or  president  of  the  board  of  local  im- 
provements (as  the  case  may  be)  shall  file  with  said  report  an 
affidavit  made  by  himself,  or  by  some  employe  of  his  office, 
that  the  affiiant  has  carefully  examined  the  records  in  the  re- 
corder’s office  of  the  said  county  for  the  names  of  the  owners 
of  record  of  the  several  lots,  blocks,  tracts  and  parcels  of  land 
to  be  taken  or  damaged  for  said  improvement,  and  also  for 
the  names  of  the  owners  of  record  of  the  respective  lots,  blocks, 
tracts  and  parcels  of  land  against  which  benefits  are  assessed 
in  said  report  and  that  the  names  of  such  owners  are  correctly 
shown  in  the  column  or  schedule  of  ownership  in  said  report; 
also,  that  he  has  diligently  inquired  as  to  the  residence  of  the 
respective  owners  of  property  to  be  taken  or  damaged  for  said 
improvement,  and  of  all  the  respective  lots,  blocks,  tracts  and 
parcels  of  land  against  which  benefits  are  assessed  in  said  re- 
port, that  the  names  of  such  owners  are  correctly  shown  in  the 
column  or  schedule  of  ownership  in  said  report;  also,  that  he 
has  diligently  inquired  as  to  the  residence  of  the  respective 
owners  of  property  to  be  taken  or  damaged  for  said  improve- 
ment and  of  all  the  respective  lots,  blocks,  tracts  and  parcels 
of  land  against  which  benefits  have  been  assessed  in  said  re- 
port (specifying  the  nature  of  the  inquiry  and  examination 
he. has  made  for  that  purpose),  and  that  the  residences  of  the 
said  owners  are  correctly  stated,  according  to  the  result  of  his 
said  examination,  in  the  column  or  schedule  of  residences  in 
said  report;  also,  that  in  all  cases  where  he  has  been  unable  to 
find  the  residence  of  the  owner  of  such  record  title,  he  has  ex- 


174 


STATUTES  RELATING  TO  CITY. 


amined  the  return  of  the  collector’s  warrant  for  taxes  on  real 
estate  for  the  preceding  year,  and  has  set  opposite  each  such 
parcel,  whose  owner  has  not  been  found,  the  name  of  the  per- 
son who  paid  the  tax  on  said  parcel  for  the  preceding  year,  to- 
gether with  his  place  of  residence,  wherever,  on  diligent  in- 
quiry, he  was  able  to  find  the  same. 

Said  affidavit,  or  an  affidavit  filed  therewith,  shall  further 
state  that  the  affiant  has  visited  each  of  the  parcels  of  land  to 
be  taken  or  damaged  for  said  improvement,  described  in  said 
report,  for  the  purpose  of  ascertaining  whether  or  not  the  same 
was  occupied,  and  the  name  and  residence  of  the  occupant,  if  any; 
and  that  in  every  case  where  said  parcels  of  land  were  found 
to  be  occupied,  upon  such  investigation,  the  name  of  the  occu- 
pant is  stated  in  said  report  opposite  such  parcel,  together  with 
his  residence  when  ascertained.  Such  affidavit  and  report  shall 
be  prima  facie  evidence  that  the  requirements  of  this  act  have 
been  complied  with. 

526.  Jurisdiction  of  defendants.]  § 20.  Every  person  who 
shall  be  named  in  said  report  as  an  owner  of  property  to  be 
taken  or  damaged  for  the  said  improvement,  and  every  per- 
son who  shall  be  therein  named  as  an  occupant  of  any  parcel 
thereof,  shall  be  made  a party  defendant  in  said  proceeding. 
All  other  persons  having  or  claiming  interests  in  any  of  said 
premises  shall  be  described  and  designated  as  “all  whom  it 
may  concern,”  and  by  that  description  shall  be  made  defend- 
ants. Upon  the  filing  of  the  report  aforesaid,  a summons,  which 
may  be  made  returnable  upon  any  day  in  term  time,  not  less 
than  fifteen  (15)  days  after  its  date,  shall  be  issued  and 
served  upon  the  persons  made  party  defendants,  as  in  cases 
in  chancery.  But  if  service  of  such  summons  shall  be  had 
less  than  ten  days  before  said  return  day,  no  steps  shall  be 
taken  in  said  matter  against  the  defendant  so  served,  or  his 
property,  before  the  first  day  of  the  next  term  of  said  court 
which  shall  occur  ten  days  or  more  after  such  service.  And 
as  to  such  of  said  defendants  as  are  shown  by  said  affidavit 
to  be  non-residents  of  the  State  of  Illinois,  or  whose  residences 
are  shown  thereby  to  be  unknown,  and  the  defendants  desig- 
nated as  “all  whom  it  may  concern,”  the  clerk  of  the  court 
shall  cause  publication  to  be  made  in  some  newspaper  designated 


LOCAL  IMPROVEMENTS. 


175 


by  the  court  for  that  purpose  by  an  order  to  be  entered  of 
record  in  the  cause,  containing  notice  of  the  pendency  of 
such  proceedings,  the  parties  thereto,  the  title  of  the  court,  the 
time  and  the  place  of  the  return  of  the  summons  in  the  case, 
the  description  of  the  property  to  be  taken  or  damaged,  the 
total  cost  of  the  improvement  as  shown  by  the  estimate  and 
report,  and  the  nature  of  the  proceeding;  such  notice  shall 
further  state  that  a special  assessment  has  been  made  to  raise 
the  cost  of  said  improvement,  and  the  time  and  place  of  filing 
the  report  thereof;  such  publication  to  be  made  four  weeks, 
consecutively,  at  least  once  in  each  week,  the  first  of  which  shall 
be  at  least  thirty  days  before  the  return  day  of  such  summons. 
A similar  notice  shall  be  posted  for  ten  days  before  such  re- 
turn day  in  two  public  places  in  the  vicinity  of  said  improve- 
ment. 

527.  Mailing  notice  to  owners.]  § 21.  Where  the  resi- 
dence of  any  defendant  named  in  said  report  is  shown  thereby 
to  be  outside  of  the  State  of  Illinois,  and  such  residence  is 
stated  therein,  a copy  of  the  said  notice  shall  be  sent  by  mail  to 
such  party,  at  the  address  so  given,  at  least  fifteen  days  prior 
to  the  return  day  of  the  said  summons.  If  the  residence  of 
any  defendant  shall  be  found  to  be  unknown,  as  shown  by  the 
said  report  and  affidavit,  a similar  notice  shall  be  sent  to  the 
person  last  paying  taxes  upon  such  premises,  if  his  residence 
be  stated  in  such  report.  Such  service,  publication  and  no- 
tices shall  be  sufficient  to  give  the  court  jurisdiction  of  all  the 
parties  whose  lands  are  to  be  taken  or  damaged,  so  as  to  de- 
termine all  questions  relating  to  said  proceeding,  and  affecting 
the  lands  described  in  the  report. 

528.  Mailing  notices  to  parties  assessed.]  § 22.  There 
shall  be  sent  by  mail,  post  paid,  to  each  person  whose  prop- 
erty has  been  assessed  for  benefits  in  said  proceeding  (not  be- 
ing owners  of  property  taken  or  damaged  therefor),  di- 
rected to  the  address  as  shown  in  said  report,  or  where  not  so 
shown,  then  generally  to  the  citjq  village  or  town  in  which 
said  improvement  is  to  be  made,  at  least  fifteen  days  before 
the  said  return  day,  a notice  stating  the  nature  of  said  im- 
provement, the  description  of  such  owner’s  -propertv  assessed 
therefor,  the  amount  of  such  assessment,  and  the  date  when 


1 76 


STATUTES  RELATING  TO  CITY. 


the  summons  in  said  cause  will  be  returnable,  and  when  ob- 
jections thereto  may  be  tiled.  An  affidavit  of  one  of  the  com- 
missioners, or  some  other  person,  showing  such  service,  mail- 
ing, posting  and  publication,  shall  be  prima  facie  evidence  of 
a compliance  with  all  the  requirements  thereof;  but  the  pub- 
lication may  be  proved  in  any  other  manner  provided  by  law. 

529.  Trials.  § 23.  Upon  the  return  of  said  summons,  or 
as  soon  thereafter  as  the  business  of  the  court  will  permit,  the 
court  shall  proceed  to  a hearing  6f  the  said  cause,  and  shall  im- 
panel a jury  to  ascertain  the  just  compensation  to  be  paid  to 
all  such  owners  of  property  to  be  taken  or  damaged;  and  if 
objections  shall  be  filed  to  the  confirmation  of  the  assessment 
of  benefits,  such  objections  shall  be  submitted  to  the  same 
jury  at  the  same  time;  and  thereupon  such  jury  shall  ascer- 
tain the  just  compensation  to  be  paid  to  the  owner  of  each  lot, 
block,  tract  or  parcel  of  land  to  be  taken  or  damgaed  in  said 
proceeding,  and  shall  also  determine  whether  or  not  any  lot, 
piece  or  parcel  of  land  assessed  in  said  proceeding,  for  which 
objections  have  been  filed,  has  been  assessed  more  than  it  will 
be  benefited  by  said  improvement,  and  on  such  hearing  the 
report  of  the  officer,  so  returned  an£  filed  as  aforesaid,  shall  be 
prima  facie  evidence,  both  of  the  amount  of  the  compensation 
to  be  awarded,  and  of  the  benefits  to  be  assessed. 

530.  Separate  trials.]  § 24.  If,  however,  any  defendant 

or  party  interested  shall  demand,  and  if  the  court  shall  deem 
it  proper,  separate  juries  may  be  impaneled,  either  as  to  the 
benefits  assessed,  or  as  to  the  compensation  or  damages  to  be 
paid  to  any  one  or  more  of  such  defendants  or  parties  in  in- 
terest. 

531.  View  by  the  jury.]  § 25.  The  court  may,  upon  the 
motion  of  the  petitioner,  or  of  any  person  claiming  any  such 
compensation,  direct  that  the  jury  (under  the  charge  of  an 
officer)  shall  view  the  premises  which  it  is  claimed  by  any  party 
to  said  proceeding  will  be  taken  or  damaged  by  said  improve- 
ment, and  in  any  case,  where  there  is  no  satisfactory  evidence 
given  to  the  jury  as  to  the  ownership  of,  or  as  to  the  extent 
of  the  interest  of  any  defendant  in,  the  property  to  be  taken 
or  damaged,  the  jury  may  return  their  verdict  as  to  the  com- 
pensation or  damage  to  be  paid  for  the  property  or  part  of 


LOCAL  IMPROVEMENTS. 


177 


property  to  be  taken  or  damaged,  and  for  the  entire  interests 
therein. 

532.  Adjournments.]  § 26.  Upon  the  return  of  such  ver- 
dict, the  court  shall  order  the  same  to  be  recorded,  and  shall 
enter  such  judgment  or  decree  thereon  as  the  nature  of  the  case 
may  require.  The  court  shall  continue  or  adjourn  the  cause 
from  time  to  time,  as  to  all  occupants  and  owners  named  in 
such  petition  who  shall  not  have  been  served  with  process,  or 
brought  in  by  notice  or  by  publication,  and  shall  order  a new 
summons  to  issue  and  publication  to  be  made,  and  upon  such 
occupants  or  owners  being  brought  into  court,  shall  impanel 
a jury  to  ascertain  the  compensation  so  to  be  paid  to  such  de- 
fendant or  defendants  for  private  property  taken  or  damaged, 
and  the  amount  of  benefits  to  be  assessed  against  them,  if  any; 
and  like  proceedings  shall  be  had  for  such  purpose  as  here- 
inbefore provided  in  the  case  of  other  owners;  but  no  final 
judgment  shall  be  entered  as  to  any  of  the  property  embraced 
in  said  roll  until  all  the  issues  in  the  case  have  been  disposed 
of,  including  revised  or  recast  rolls,  if  any. 

533.  Where  title  has  changed.]  § 27.  The  court  shall 
have  power,  at  any  time,  upon  proof  that  such  owner  named  in 
such  petition,  who  has  not  been  served  with  process,  has  ceased 
to  be  such,  owner  since  the  filing  of  such  petition,  to  impanel 
a jury  and  ascertain  the  just  compensation  to  be  made  for  the 
property  (or  damage  thereto)  which  has  been  owned  by  the 
person  so  ceasing  to  own  the  same,  and  benefits  thereto;  and 
the  court  may,  upon  any  finding  or  findings  of  the  jury,  or  at 
any  time  during  the  course  of  such  proceedings,  enter  such 
order,  rule,  judgment  or  decree  as  the  nature  of  the  case  may 
require. 

534.  Adverse  claimants.]  § 28.  No  delay  in  making  an 
assessment  of  compensation  shall  be  occasioned  by  any  doubt 
or  contest  which  may  arise  as  to  the  ownership  of  the  property 
or  any  part  thereof,  or  as  to  the  interests  of  the  respective  owners 
or  claimants,  but  in  such  case  the  court  may  require  the  jury 
to  ascertain  the  entire  compensation  or  damage  that  should  be 
paid  for  the  property,  or  part  of  the  property,  and  the  entire 
interests  of  all  parties  therein,  and  may  require  adverse  claim- 
ants to  interplead,  so  as  to  fully  determine  their  rights  and  in- 


178 


STATUTES  RELATING  TO  CITY. 


tcrests  in  the  compensation  so  ascertained.  And  the  court  may 
make  such  order  as  may  be  necessary  in  regard  to  the  deposit 
or  payment  of  such  compensation. 

535.  Infant  or  insane  owners.]  § 29.  When  it  shall  ap- 
pear from  said  petition  or  otherwise,  at  any  time  during  the 
proceedings  upon  such  petition,  that  any  infant  or  insane  or 
distracted  person  is  interested  in  any  property  that  is  to  be 
taken  or  damaged,  the  court  shall  appoint  a guardian  ad  litem 
for  such  infant  or  insane  or  distracted  person,  to  defend  the 
interest  of  such  infant  or  insane  or  distracted  person,  in  such 
property,  or  the  compensation  which  shall  be  awarded  therefor. 

536.  Effect  of  judgment.]  § 30.  Any  final  judgment  or 
judgments,  rendered  by  said  court,  upon  any  finding  or  find- 
ings of  any  jury  or  juries,  shall  be  a lawful  and  sufficient  con- 
demnation of  the  land  or  property  to  be  taken,  upon  the  pay- 
ment of  the  net  amount  of  such  finding,  as  hereinafter  pro- 
vided. It  shall  be  final  and  conclusive  as  to  the  damages  and 
benefits  caused  by  such  improvement,  unless  such  judgment 
or  judgments  shall  be  appealed  from;  but  no  appeal  or  writ 
of  error  upon  the  same  shall  delay  proceedings  under  said  or- 
dinance, if  the  petitioner  shall  deposit,  as  directed  by  the 
court,  the  amount  of  judgment  and  costs,  after  deducting  the 
benefits  assessed  and  adjudged  against  such  property,  if  any, 
and  shall  file  a bond  in  court  in  which  such  judgment  was 
rendered,  in  a sum  to  be  fixed,  and  with  security  to  be  approved 
by  the  judge  of  said  court,  which  shall  secure  the  payment  of 
any  future  compensation  which  may  at  any  time  be  finally 
awarded  for  the  property  in  question,  and  costs. 

537.  Order  for  possession.]  § 31.  The  court,  upon  proof 

that  the  amount  of  said  just  compensation,  so  found  by  the 
jury  (in  excess  of  the  benefits  so  assessed  and  adjudged  against 
the  same  property),  has  been  paid  to  the  person  entitled  thereto, 
or  has  been  deposited  as  directed  by  the  court  (and  bond  given, 
in  case  of  an  appeal  or  writ  of  error),  shall  enter  an  order  that 
the  petitioner  shall  have  the  right,  at  any  time  thereafter,  to 
take  possession  of  or  damage  the  property,  in  respect  to  which 
compensation  shall  have  been  so  paid  or  deposited  as  afore- 
said. Such  order  shall  not  be  appealable  as  a separate  order, 


LOCAL  IMPROVEMENTS. 


179 


if  the  same  be  entered  in  time  to  be  made  a part  of  the  record 
on  appeal  or  writ  of  error  from  the  judgment,  or  before  the 
cause  is  taken  under  advisement  upon  hearing  by  the  Supreme 
Court,  but  may  be  reviewed  upon  appeal  or  writ  of  error  from 
the  judgment. 

538.  Proceedings  pending  appeal.]  § 32.  Upon  the  re- 

turn of  .a  verdict  in  a proceeding  to  acquire  property  for  a pub- 
lic improvement,  if  no  motion  for  a new  trial  be  made,  or  if 
made,  then  if  overruled,  the  petitioner  shall  within  ninety 
days  after  final  judgment  as  to  all  defendants,  both  as  to  the 
amount  of  damages  and  compensation  to  be  awarded  and  ben- 
efits to  be  assessed,  elect  whether  it  will  dismiss  said  proceed- 
ing or  enter  judgment  in  [on]  said  verdict.  If  it  shall  elect 
to  enter  such  judgment,  it  shall  become  thereby  bound  and 
liable  to  pay  the  amount  thereof,  whether  such  assessment  be 
collected  or  not,  and  such  judgment  or  condemnation  shall 
not  be  conditional.  Petitioner  shall  not  thereafter  be  per- 
mitted to  withdraw  from  such  proceeding,  or  to  dismiss  the 
same,  without  the  consent  of  all  parties  whose  land  is  thereby 
condemned,  except  as  hereinafter  provided.  In  case  an  ap- 
peal or  writ  of  error  be  taken  by  either  party  from  the  judg- 
ment of  condemnation  or  confirmation,  then  unless  the  peti- 
tioner shall  file  in  the  cause  its  written  election  to  proceed  with 
the  improvement,  notwithstanding  the  appeal,  no  steps  shall 
be  taken  to  collect  the  assessment,  nor  to  compel  payment  of 
the  compensation  awarded,  until  said  appeal  or  writ  of  error 
be  disposed  of  and  final  judgment  entered  in  the  cause;  or 
in  case  of  reversal,  until  a new  trial  and  judgment;  but  in 
case  of  final  reversal  petitioner  may  still  elect  to  abandon  the 
proceeding:  Provided,  the  same  be  done  within  sixty  (60)  days 

thereafter. 

539.  Filing  roll — commissioners — deficiency — revised  assess- 
ment roll — notice.]  § 33.  If,  in  any  case,  upon  the  filing  of 

the  roll  by  the  commissioners,  it  shall  appear  that  the  amount 
assessed  as  benefits  is  not  sufficient  to  pay  the  awards,  with  the 
costs;  or  if,  upon  the  disposition  of  the  whole  case,  any  such 
deficiency  shall  appear,  the  court  may,  on  the  application  of 
the  petitioner,  cause  the  roll  to  be  again  referred  to  the  same 
or  other  commissioners,  to  be  recast ; and  in  such  cases  said  com- 


180 


STATUTES  RELATING  TO  CITY 


missi  oners  shall  consider  and  report  whether  or  not  other 
premises  will  be  benefited  by  said  improvement,  or  whether 
or  not  the  premises  already  assessed  will  be  benefited  thereby 
in  any  greater  amount,  and  in  what  amount,  if  any;  and  shall 
•make  and  return  a revised  assessment  roll,  and  the  same  may 
be  done  from  time  to  time,  as  often  as  any  deficiency  shall 
appear.  But  no  lot,  block,  tract  or  parcel  of  land  shall  be 
assessed  more  than  it  will  be  benefited  by  said  improvement, 
nor  more  than  its  proportionate  share  of  the  costs  of  the  im- 
provement. If  any  premises  not  already  described  in  said  roll 
shall  be  assessed  by  the  commissioners,  the  owners  thereof  shall 
be  shown,  a [aid]  notice  given  as  for  an  original  assessment  ; 
and  if  the  assessment  on  any  premises  previously  assessed  shall 
be  increased  thereby,  or  if  any  property  shall  be  newly  as- 
sessed, the  owner  thereof,  if  not  already  represented  in  court, 
shall  be  notified  in  like  manner,  and  a hearing  shall  be  had 
as  above  provided. 

540.  Improvements  requested  by  majority  of  frontage — side- 
walks.] § 34.  Whenever  the  owners  of  one-half  of  the  pro- 
perty abutting  on  any  street,  alley,  park  or  public  place,  or 
portion  thereof,  shall  petition  for  any  local  improvement 
thereon,  the  board  of  local  improvements  in  any  city,  village 
or  town  shall  take  the  steps  hereinbefore  required  for  a hear- 
ing thereon,  but  at  such  hearing  shall  consider  only  the  na- 
ture of  the  proposed  improvement  and  the  cost  thereof,  and 
shall  determine,  in  the  manner  above  provided,  the  nature  of 
the  improvement  which  it  will  recommend,  and  shall  there- 
upon prepare  and  transmit  to  the  legislative  body  a draft  of 
an  ordinance  therefor,  together  with  an  estimate  of  the  cost, 
as  above  described,  and  shall  recommend  the  passage  thereof, 
which  recommendation  shall  be  prima  facie  evidence  that  all 
the  preliminary  steps  required  by  law  have  been  taken;  and 
thereupon  it  shall  be  the  duty  of  such  legislative  body  to  pass 
an  ordinance  for  the  said  improvement  and  take  the  necessary 
steps  to  have  the  same  carried  into  effect.  Whenever  any  or- 
dinance shall  provide  only  for  the  building  or  renewing  of 
any  sidewalk,  the  owner  of  any  lot  or  piece  of  land  fronting 
on  such  sidewalk  shall  be  allowed  forty  (40)*  days  after  the 
time  at  which  said  ordinance  shall  take  effect  in  which  to 


LOCAL  IMPROVEMENTS. 


181 


build  or  renew  such  sidewalk  opposite  to  his  land,  and  thereby 
relieve  the  same  from  assessment:  Provided,  the  work  so  to 

be  done  shall  in  all  respects  conform  to  the  requirements  of 
such  ordinance. 

.Notice  of  the  passage  of  such  ordinance  shall  be  sent  by  mail 
within  ten  days  after  such  passage  to  the  person  who  paid  the 
taxes  on  said  premises  for  the  preceding  year,  if  he  or  they 
can  be  found  in  said  county,  and  also  a like  notice  addressed 
to  the  “occupant”  of  said  property,  if  the  same.be  at  such  time 
actually  occupied,  and  an  affidavit  of  such  service  shall  be  filed 
with  the  official  report  of  such  assessment.  Such  affidavit  shall 
be  prima  facie  evidence  of  a compliance  with  said  requirements. 
[As  amended  by  act  approved  and  in  force  May  9,  1901. 

541.  Special  tax.]  § 35.  When  the  ordinance  under  which 
a local  improvement  shall  be  ordered  shall  provide  that  such 
improvements  shall  be  made  whooly  [wholly]  or  in  part  by 
special  taxation  of  contiguous  property,  such  special  tax  shall 
be  levied,  assessed  and  collected,  as  nearly  as  may  be,  in  the 
manner  provided  in  the  section  of  this  act  providing  for  the 
mode  of  making,  assessing  and  collecting  special  assessments; 

. Provided , that  no  special  tax  shall  be  levied  or  assessed  upon 
any  property  to  pay  for  any  local  improvement  in  an  amount 
in  excess  of  the  special  benefit  which,  such  property  shall  re- 
ceive from  such  improvement.  Such  ordinance  shall  not  be 
deemed  conclusive  of  such  benefit,  but  the  question  of  such 
benefit  and  of  the  amount  of  such  special  tax  shall  be  subject 
to  the  review  and  determination  of  the  court,  and  be  tried  in 
the  same  manner  as  in  proceedings  by  special  assessment. 

542.  Special  assessment.]  § 36.  When  the  ordinance 
under  which  a local  improvement  is  ordered  to  be  made,  con- 
taining no  provisions  for  the  condemnation  of  private  prop- 
erty therefor,  shall  provide  that  such  improvement  shall  be 
wholly  or  in  part  paid  for  by  special  assessment,  the  proceed- 
ings for  the  making  of  such  assessment  shall  be  in  accordance 
with  the  following  provisions  of  this  act. 

543.  Jurisdiction  of  courts.]  § 37.  Upon  the  passage  of 
any  ordinance  for  a local  improvement  pursuant  thereto,  it 
shall  be  the  duty  of  the  officer  specified  therein,  to  file  a peti- 


182  STATUTES  RELATING  TO  CITY. 

lion  in  some  court  of  record  in  said  county,  in  the  name  of 
such  municipality,  praying  that  steps  [may]  be  taken  to  levy 
a special  assessment  for  th'c  said  improvement,  in  accordance 
with  the  provisions  of  the  said  ordinance.  The  several  cir- 
cuit and  county  courts  of  this  State,  and  the  Superior  Court 
of  Cook  county,  shall  have  jurisdiction  of  any  proceeding 
under  this  act.  There  shall  be  attached  to  or  filed  with  such 
petition  a copy  of  the  said  ordinance,  certified  by  the  clerk, 
under  corporate  seal;  also  a copy  of  the  recommendation  of 
the  board  of  local  improvements,  and  of  the  estimate  of  the 
cost,  as  approved  by  the  legislative  body.  The  failure  to  file 
any,  or  cither  of  said  copies  shall  not  affect  the  jurisdiction 
of  the  court  to  proceed  in  said  cause,  .and  to  act  upon  said  pe- 
tition; but  if  it  shall  appear  in  any  such  cause  that  such  copies 
have  not  been  attached  to  or  filed  with  said  petition  before  the 
filing  of  the  assessment  roll  therein,  then,  upon  motion  of  any 
objector  for  that  purpose,  on  or  before  appearance  day  in  said 
cause,  the  entire  petition  and  proceeding  shall  be  dismissed. 

544.  Order  for  assessment.]  § 38.  Upon  the  filing  of  such 
petition,  the  superintendent  of  special  assessments,  in  cities 
where  such  officer  is  provided  for  by  this  act,  otherwise  some 
competent  person  appointed  by  the  president  of  the  board  of 
local  improvements,  shall  make  a true  and  impartial  assess- 
ment of  the  cost  of  the  said  improvement  upon  the  petition- 
ing municipality  and  the  property  benefited  by  such  improve- 
ment. 

545.  Apportionment  of  cost.]  § 39.  It  shall  be  the  duty 

of  such  officer  to  estimate  what  proportion  of  the  total  cost 
of  such  improvement  will  be  of  benefit  to  the  public,  and  what 
proportion  thereof  will  be  of  benefit  to  the  property  to  be 
benefited,  and  to  apportion  the  same  between  the  city,  village 
or  town  and  such  property,  so  that  each  shall  bear  its  relative- 
equitable  proportion;  and  having  found  such  amounts,  to  ap- 
portion and  assess  the  amount  so  found  to  be  of  benefit  to  the 
property  upon  the  several  lots,  blocks,  tracts  and  parcels  of 
land  in  the  proportion  in  which  they  will  be  severally  bene- 
. filed  by  such  improvement:  Provided , that  no  lot,  block, 

tract  or  parcel  of  land  shall  be  assessed  a greater  amount  than 
it  will  be  actuality  benefited;  and  when  the  proposed  im- 


LOCAL  IMPROVEMENTS. 


183 


provement  is  for  the  construction  of  a sewer,  to  investigate 
and  report  the  district  which  will  be  benefited  by  such  pro- 
posed sewer,  describing  the  same  by  boundaries.  [As  amended 
by  act  approved  and  in  force  May  9,  1901. 

546.  Description  of  property  assessed.]  § 40.  In  levying 

any  special  assessment  or  special  tax,  each  lot,  block,  tract  or 
parcel  of  land  shall  be  assessed  separately,  in  the  same  man- 
ner as  upon  assessment  for  general  taxation:  Provided , that 

this  requirement  shall  not  apply  to  the  property  of  railroad 
companies,  or  the  right  of  way  and  franchise  of  street  rail- 
way companies,  but  the  same  may  be  described  in  any  man- 
ner sufficient  to  reasonably  identify  the  property  intended  to 
be  assessed. 

547.  Assessment  roll — notices.]  § 41.  The  assessment  roll 
shall  contain  a list  of  all  the  lots,  blocks,  tracts  and  parcels  of 
land  assessed  for  the  proposed  improvement,  the  amount  as- 
sessed against  each,  the  name  of  the  person  who  paid  the  taxes 
on  each  such  parcel  during  the  last  preceding  calendar  year 
in  which  taxes  were  paid,  as  ascertained  upon  investigation 
by  the  officer  making  the  return,  or  under  his  direction,  the 
residence  of  the  person  so  paying  the  taxes  on  each  such  par- 
cel if  the  same  can  on  diligent  inquiry  be  found;  in  case  of 
assessment  in  installments,  the  amount  of  each  installment 
shall  also  be  stated  ; and  the  officer  making  such  roll  shall  cer- 
tify under  oath  that  he  verily  believes  that  the  amounts  as- 
sessed against  the  public  and  each  parcel  of  property  are  just 
and  equitable,  and  do  not  exceed  the  benefit  which  will  in  each 
case  be  derived  from  said  improvement,  and  that  no  lot,  block, 
tract  or  parcel  of  land  has  been  assessed  more  than  its  propor- 
tionate share  of  the  cost  of  said  improvement.  Several  lots, 
or  parts  of  land,  owned  and  improved  as  one  parcel,  may  be 
assessed  as  one  parcel.  Unsubdivided  tracts  of  land  may,  for 
the  purpose  of  spreading  assessments  for  house  drains  and  water 
service  pipes,  be  divided  into  lots  of  a frontage  of  twenty- 
five  (25)  feet  each;  and  any  fraction  of  frontage  then  remain- 
ing may  be  assessed  as  a fractional  lot. 

Notice  shall  be  given  of  the  nature  of  the  improvement,  of 
the  pendency  of  said  proceeding,  of  the  time  and  place  of  fil- 
ing the  petition  therefor,  of  the  time  and  place  of  filing  the 


184 


STATUTES  RELATING  TO  CITY. 


assessment  roll  therein,  and  of  the  time  and  place  at  which 
application  will  be  made  for  confirmation  of  the  assessment, 

. the  same  to  be  not  less  than  fifteen  (15)  days  after  the  mail- 
ing of  such  notices.  Such  notices  shall  be  sent  by  mail  post- 
paid to  each  of  the  said  persons  paying  the  taxes  on  the  re- 
spective parcels  during  the  last  preceding  year  in  which  taxes 
were  paid,  at  his  residence  as  shown  in  the  assessment  roll, 
or,  if  not  shown,  then  to  such  person  so  paying  the  taxes,  di- 
rected generally  to  the  city,  village  or  town  in  which  said  im- 
provement is  proposed  to  be  made. 

Such  notice  shall  state  the  amount  assessed  to  the  person 
to  whom  the  same  is  directed  for  the  improvement  proposed, 
the  total  amount  of  the  cost  of  said  improvement,  and  the  total 
amount  assessed  as  benefits  upon  the  public.  An  affidavit 
shall  be  filed  before  the  final  hearing  showing  a compliance 
with  the  requirements  of  this  section,  and  also  showing  that 
the  affiant  (either  the  officer  making  the  said  return,  or  some 
one  acting  under  his  direction),  made  a careful  examination 
of  the  collector’s  books  showing  the  payments  of  general  taxes 
during  the  last  preceding  year  in  which  the  taxes  were  paid 
thereon,  to  ascertain  the  person  or  persons  who  last  paid  the 
taxes  on  said  respective  parcels,  and  a diligent  search  for  their 
residences,  and  that  the  report  correctly  states  the  same  as' 
ascertained  by  the  affiant;  and  said  report  and  affidavit  shall 
be  conclusive  evidence,  for  the  purpose  of  said  proceeding,  of 
the  correctness  of  the  assessment  roll  in  said  particulars;  but 
in  case  the  said  affidavit  shall  be  found  in  any  respect  wil- 
fully false,  the  person  making  the  same  shall  be  deemed  guilty 
of  perjury  and  subject  to  the  pains  and  penalties  provided 
for  such  offense  by  the  laws  of  this  State.  [As  amended  by  act 
approved  and  in  force  May  9,  1901. 

548.  Division  of  assessment  into  installments — payment  of 
it — interest.]  § 42.  It  shall  be  lawful  to  provide  by  the  ordi- 
nance for  any  local  improvement,,  any  portion  of  the  cost  of 
which  is  to  be  defrayed  by  special  assessment  or  special  taxa- 
tion, or  by  ordinance  passed  at  any  time  before  the  confirma- 
tion of  the  assessment  roll,  that  the  aggregate  amount  as- 
sessed, and  also  each  individual  assessment,  be  divided  into 
installments,  not  more  than  ten  (10)  in  number.  In  all  cases 


LOCAL  IMPROVEMENTS. 


.185 


such  division  shall  be  so  made  that  all  installments  shall  be 
equal  in  amount,  except  that  all  fractional  amounts  shall  be 
added  to  the  first  installment,  so  as  to  leave  the  remaining  in- 
stallments of  the  aggregate  equal  in  amount  and  each  a mul- 
tiple of  one  hundred  dollars  ($100).  The  first  installment 
shall  be  due  and  payable  on.  the  second  day  of  January  next 
after  the  completion  and  acceptance  of  the  work  as  certified 
b}T  the  board  of  local  improvements  to  the  officer  authorized 
to  collect  the  assessments,  and  the  second  installment  one  (1) 
year  thereafter,  and  so  on  annually  until  all  installments  are 
paid. 

All  installments,  except  the  first,  shall  bear  interest  as  here- 
inafter provided  until  paid,  at  the  rate  of  five  (5)  per  centum 
per  annum. 

Interest  on  assessments  shall  begin  to  run  from  the  date  of 
the  first  voucher  issued  on  account  of  work  done,  as  certified 
by  said  board  of  local  improvements  to  the  city  council  or 
'board  of  trustees  (as  the  case  may  be)  and  to  the  clerk  of  the 
court  in  which  such  assessment  was  confirmed. 

The  interest  on  each  installment,  except  the  first,  shall  be 
payable  as  follows:  On  the  second  day  of  January  next  suc- 
ceeding the  date  of  said  completion  and  acceptance  of  the 
work  certified  as  aforesaid,  the  interest  accrued  up  to  that  time 
on  all  unpaid  installments  shall  be  due  and  payable  and  be 
collected  with  the  installment,  and  thereafter  the  interest  on 
all  unpaid  installments,  then  payable,  shall  be  payable  annually, 
and  be  due  and  payable  at  the  same  time  as  the  installments 
maturing  in  such  year  and  be  collected  therewith.  In  all 
cases  it  shall  be  the  duty  of  the  municipal  collectors,  as  the 
case  may  be,  whenever  payment  is  made  of  any  installment, 
to  collect  interest  thereon  up  to  the  date  of  such  payment, 
whether  such  payment  be  made  at  or  after  maturity. 

Any  person  may  at  any  time  pay  the  whole  assessment 
against  any  lot,  piece  or  parcel  of  land,  or  any  installment 
thereof,  with  interest  as  provided  herein  up  to  the  date  of  pay- 
ment. [As  amended  by  act  approved  and  in  force  May  9,  1901. 

549.  Retirement  of  bonds  annually.]  § 43.  On  or  before 
January  tenth  of  each  year  the  treasurer  of  the  municipality 


—8 


STATUTES  RELATING  TO  CITY. 


180 


issuing  such  bonds,  or  some  other  officer  designated  by  ordi- 
nance for  that  purpose,  shall  ascertain  the  amount  of  such 
assessment  collected  and  applicable  to  the  payment  of  bonds 
ol‘  each  series  unmatured,  and  shall  select  by  lot  bonds  of  series, 
to  such  amount,  to  be  paid  therewith,  and  shall  give  notice  in 
some  newspaper  published  in  such  municipality  (or  if  none 
be  so  published,  then  in  the  nearest  newspaper),  of  the  number 
of  bonds  to  be  so  paid,  the  scries  thereof,  the  assessment  to 
which  they  relate,  and  the  particular  bonds  so  selected  to  be 
paid,  and  that  the  same  will  be  paid,  at  a place  to  be  specified 
on  the  tenth  day  of  February  next  following.  And,  thereupon, 
from  and  after  said  tenth  day  of  February,  said  bonds  shall 
be  payable,  at  the  place  so  appointed,  on  demand,  and  no  further 
interest  shall  accrue  thereon. 

550.  Notice  by  posting  and  publication.]  § 44.  Petitioner 

shall,  in  addition  to  other  notices  hereinbefore  provided  for, 
cause  at  least  fifteen  (15)  days’  notice  to  be  given  prior  to  the 
time  at  which  confirmation  of  said  assessment  shall  be  sought 
by  posting  notices  in  at  least  four  public  places  in  such  city 
or  village,  all  of  which  shall  be  in  the  neighborhood  of  such 
proposed  improvement,  and  by  publishing  the  same  at  least 
five  successive  days  in  some  daily  newspaper  of  said  city,  vil- 
lage or  town;  or,  if  no  daily  newspaper  is  published  in  such 
cit}r,  village  or  town,  and  a weekly  pa,per  is  published  therein, 
then  at  least  once  in  each  week  for  two  successive  weeks  in 
some  weekly  newspaper;  or  if  no  daily  nor  weekly  newspaper 
is  published  in  such  city,  village  or  town,  then  at  least  once  in 
each  week  for  two  successive  weeks  in  some  other  newspaper 
published  in  the  county  in  which  said  city,  village  or  town  is 
situated.  Where  other  corporate  authorities  having  power  to 
make  use  of  the  provisions  of  this  act  shall  do  so,  the  notice 
may  be  published  in  any  daily  or  weekly  newspaper  in  the 
county  in  which  such  proceeding  shall  be  had.  The  notice 
shall  be  over  the  name  of  the  officer  levying  such  assessment, 
and  be  substantially  as  follows : 

“Special  Assessment  Notice/' 

“Notice  is  hereby  given  to  all  persons  interested  that  the  city 
council  (or  board  of  trustees,  or  other  corporate  authorities,  as 
the  case  may  be)  of having  ordered  that  (here 


LOCAL  IMPROVEMENTS. 


187 


insert  a brief  description  of  the  nature  of  the  improvement), 
the  ordinance  for  the  same  being  on  file  in  the  office  of  the 

clerk,  having  applied  to  the 

court  of county  for  an  assessment  of  the  costs  of 

said  improvement,  according  to  benefits,  and  an  assessment 
therefor  having  been  made  and  returned  to  said  court,  the  final 

hearing  thereon  will  be  had  on  the day  of A.  D. 

190.  .,  or  as  soon  thereafter  as  the  business  of  the  court  will 
permit.  All  persons  desiring  may  file  objections  in  said  court 
before  said  day,  and  may  appear  on  the  hearing  and  make  their 
defense.” 

(Here  give  date.) 


Where  the  assessment  is  payable  in  installments,  the  number 
of  installments  and  the  rate  of  interest  shall  also  be  stated. 
[As  amended  by  act  approved  and  in  force  May  9,  1901. 

551.  Continuance  for  notice.]  § 45.  If  fifteen  days  shall 
not  have  elapsed  between  the  first  publication,  or  the  putting 
up  of  such  notice,  and  the  day  fixed  in  said  notice  for  filing 
objections,  said  cause  shall  be  continued  until  the  next  term 
of  the  court,  at  or  prior  to  which  time  objections  may  be  filed 
with  the  same  effect  as  if  within  said  fifteen  days. 

552.  Objections.]  § 46.  Any  person  interested  in  any  real 
estate  to  be  affected  by  such  assessment,  may  appear  and  file 
objections  to  such  report,  by  the  time  mentioned  in  said  notice, 
or  in  case  of  incomplete  notice  then  as  specified  in  the  last  pre- 
ceding section,  or  within  such  further  time  as  the  court  may 
allow,  and  the  court  may  make  such  order  in  regard  to  the 
time  of  filing  such  objections  as  may  be  made  in  cases  at  law 
in  regard  to  filing  pleas;  but  no  prior  rule  need  be  taken  there- 
for unless  directed  by  the  court.  As  to  all  lots,  blocks,  tracts 
and  parcels  of  land,  to  the  assessment  of  which  objections  arc 
not  filed  within  the  time  aforesaid,  or  such  other  time  as  may 
be  ordered  by  the  court,  default  may  be  entered,  and  the  assess- 
ment confirmed  by  the  court,  notwithstanding  objections  may 
be  pending  and  undisposed  of  as  to  other  property. 

553.  Review  of  assessment  roll  by  the  court.]  § 47.  Upon 
objection  or  motion  for  that  purpose,  the  court  in  which  said 


188  STATUTES  RELATING  TO  CITY. 

proceeding  is  pending  may,  in  a summary  way,  inquire  whether 
the  officer  making  the  report  has  omitted  any  property  bene- 
fited; also  whether  or  not  the  assessment,  as  made  and  returned, 
is  an  equitable  and  just  distribution  of  the  cost  of  said  im- 
provement, first,  between  the  public  and  the  property;  and 
second,  among  the  parcels  of  property  assessed.  The  court 
shall  have  the  power,  on  such  application  being  made,  to  revise 
and  correct  the  assessment  levied,  to  change  or  modify  the  dis- 
tribution of  the  total  cost  between  the  public  and  property 
benefited,  and  also  to  change  the  manner  of  distribution  among 
the  parcels  of  private  property,  so  as  to  produce  a just  and 
equitable  assessment,  considering  the  nature  of  the  property 
assessed,  and  its  capacity  for  immediate  use  of  the  improve- 
ment when  completed.  The  court  may  either  make  such  cor- 
rections or  changes,  or  determine  in  general  the  manner  in 
which  the  same  shall  be  made,  and  refer  the  assessment  roll 
to  the  person  filing  the  same  for  revision  and  correction.  The 
determination  of  the  court  as  to  the  correctness  of  the  distribu- 
tion of  the  cost  of  the  improvement  between  the  public  and 
the  property  to  be  assessed,  shall  be  conclusive,  and  not  sub- 
ject to  review  on  appeal  or  writ  of  error. 

554.  Hearing  of  legal  objections.]  § 48.  On  the  applica- 
tion of  the  petitioner,  at  any  time  after  the  return  day,  the 
court  may  set  down  all  objections,  except  the  objection  that 
the  property  of  the  objector  will  not  be  benefited  to  the  amount 
assessed  against  it,  and  that  said  property  is  assessed  more  than 
its  proportionate  share  of  the  cost  of  such  improvement,  for 
a hearing  at  a time  to  be  fixed  by  the  court,  and  upon  such 
hearing  the  court  shall  determine  all  questions  relating  to  the 
sufficiency  of  the  proceedings,  the  distribution  of  the  cost  of 
the  improvement  between  the  public  and  the  property,  and  of 
the  benefits  between  the  different  parcels  of  property  assessed, 
together  with  all  other  questions  arising  in  such  proceeding, 
with  the  exception  aforesaid,  and  shall  thereupon  enter  an 
order  in  accordance  with  the  conclusions  it  shall  reach;  but 
such  order  shall  not  be  deemed  a final  disposition  of  any  such 
questions  for  the  purpose  of  appeal,  unless  objectors  shall  waive 
further  controversy  as  to  the  remaining  question  upon  the 
record. 


LOCAL  IMPROVEMENTS. 


189 


555.  Trial  by  jury.]  § 49.  If  it  be  objectecUm  the  part  of 
any  property  assessed  for  such  improvement,  that  it  will  not 
be  benefited  thereby  to  the  amount  assessed  thereon,  and  that 
it  is  assessed  more  than  its  proportionate  share  of  the  cost  of 
such  improvement,  and  a jury  be  not  waived  by  agreement  of 
parties,  the  court  shall  impanel  a jury  to  try  the  said  issue, 
and  in  such  case,  unless  otherwise  ordered  by  the  court,  all 
such  objections  shall  be  tried  and  disposed  of  before  a single 
jury.  The  assessment  roll,  as  returned  by  the  officer  making 
the  same,  or  as  revised  and  corrected  by  the  court  on  the  hear- 
ing of  the  legal  objections,  shall  be  prima  facie  evidence  of  the 
correctness  of  the  amount  assessed  against  each  objecting 
owner,  but  shall  not  be  counted  as  the  testimony  of  any  witness 
or  witnesses  in  the  cause.  Either  party  may  introduce  such 
other  evidence  as  may  bear  upon  the  said  issue  or  issues.  The 
hearing  shall  be  conducted  as  in  other  cases  at  law,  and  if  it 
shall  appear  that  the  premises  of  any  objector  are  assessed 
more  than  they  will  be  benefited  by  the  said  improvement  or 
more  than  its  proportionate  share  of  the  cost  of  such  improve- 
ment, the  jury  shall  so  find,  and  shall  also  find  the  amount 
for  which  such  premises  ought  to  be  assessed,  and  judgment 
shall  be  rendered  accordingly. 

556.  Distribution  of  deficiency.]  § 50.  Wherever,  on  a 
hearing  by  the  court,  or  before  a jury,  the  amount  of  any  assess- 
ment shall  be  rendered  [reduced]  or  canceled,  so  that  there 
shall  be*  a deficiency  in  the  total  amount  regaining  assessed  in 
the  proceeding,  the  court  shall  have  the  power,  in  the  same  pro- 
ceeding, to  distribute  such  deficiency  upon  the  other  property 
in  the  district  assessed,  in  such  manner  as  the  court  shall  find 
to  be  just  and  equitable,  not  exceeding,  however,  the  amount 
it  will  be  benefited  by  said  improvement.  In  case  any  portion 
of  such  deficiency  be  charged  against  such  property  not  repre- 
sented in  court,  a new  notice,  of  the  same  nature  as  the  original 
notice,  shall  be  given  in  like  manner  as  the  original  notice,  to 
show  the  cause  why  the  said  assessment,  as  thus  increased, 
should  not  be  confirmed,  and  the  owners  of  or  parties  interested 
in  such  property  shall  have  the  right  to  object  in  the  same  form 
and  with  the  same  effect  as  in  case  of  the  original  assessment, 
and  the  court  shall  have  the  same  power  to  dispose  thereof. 


190 


STATUTES  RELATING  TO  CITY. 


557.  Precedence  for  trial.]  § 51.  The  hearing  in  all  the 

cases  arising  under  this  act,  if  in  the  county  court,  may  be  had 
at  either  a law  or  a probate  term  of  said  court;  and  such  pro- 
ceedings shall  have  precedence  over  all  other  cases  in  any  court 
where  the  same  shall  be  brought,  except  criminal  cases,  or 
other  cases  in  which  the  public  is  a moving  party. 

558.  Modification  by  court.]  § 52.  The  court  before 
which  any  such  proceedings  may  be  pending  shall  have  authority 
to  modify,  alter,  change,  annul  or  confirm  any  assessment  re- 
turned as  aforesaid,  in  addition  to  the  authority  already  con- 
ferred upon  it,  and  may  take  all  such  proceedings,  and  make  all 
such  orders,  as  may  be  necessary  to  make  a true  and  just  as- 
sessment of  the*  cost  of  such  improvement,  according  to  the 
principles  of  this  act,  and  may  from  time  to  time,  as  may  be 
necessary,  continue  the  application  for  that  purpose,  as  to  the 
whole  or  any  part  of  the  premises. 

559.  Land  to  be  first  acquired.]  § 53.  No  special  assess- 
ment or  special  tax  shall  be  levied  for  any  local  improvement 
until'  the  land  necessary  therefor  shall  be  acquired  and  in 
possession  of  the  municipality,  except  in  cases  where  proceed- 
ings to  acquire  such  land  shall  have  been  begun,  and  proceeded 
to  judgment. 

560.  Prior  improvement  of  same  kind  no  objection.]  § 54. 

It  shall  be  no  objection  to  the  legality  of  any  local  improve- 
ment that  a similar  one  shall  have  been  previously  made  in  the 
same  locality,  if  the  ordinance  therefor  be  recommended  by 
the  board  of  local  improvements,  as  above  provided;  but  noth- 
ing herein  contained  shall  be  construed  to  interfere  with  any 
defense  in  said  proceeding  relating  to  the  benefits  received 
therefrom. 

561.  Judgment  on  installment  assessments.]  § 55.  In 

case  of  a special  assessment  or  a special  tax  levied  to  be  paid 
b}r  installments,  under  the  provisions  of  this  Act,  the  order 
of  confirmation  that  shall  be  entered  upon  the  return  of  the 
assessment  roll  shall  apply  to  all  of  the  installments  thereof, 
and  may  be  entered  in  one  order. 

562.  Effect  of  judgment.]  § 56.  The  judgments  of  the 
court  shall  be  final  as  to  all  the  issues  involved,  and  the  pro- 


LOCAL  IMPROVEMENTS. 


191 


ceedings  in  said  cause  shall  be  subject  to  review  by  appeal  or 
writ  of  error  as  hereinafter  provided,  and  not  otherwise : 
Provided , however , that  by  mutual  consent  the  same  may  be 
vacated  or  modified  at  a subsequent  term,  except  as  hereinafter 
provided. 

Such  judgments  shall  have  the  effect  of  several  judgments 
as  to  each  tract  or  parcel  of  land  assessed,  and  no  appeal  from 
any  such  judgment  or  writ  of  error  shall  invalidate  or  delay 
the  judgments,  except  as  to  the  property  concerning  which 
the  appeal  or  writ  of  error  is  taken.  Such  judgments  shall 
be  a lien  upon  the  property  assessed  from  the  date  thereof  to 
the  same  extent  and  of  equal  force  and  validity  as  a lien  for 
the  general  taxes,  for  a period  of  five  years,  if  such  assessment 
is  payable  in  a single  sum;  if  payable  by  installments,  then 
until  five  years  after  the  last  installment  comes  due.  Nothing 
in  this  section  contained  shall  interfere  with  the  right  of  the 
petitioner  to  dismiss  its  proceedings,  and  for  that  purpose  to 
vacate  such  judgment  at  its  election  at  any  time  before  com- 
mencing the  actual  collection  of  such  assessment,  and  no  judg- 
ment entered  in  such  proceeding  so  dismissed  and  vacated  shall 
be  a bar  to  another  like  or  different  improvement:  Provided, 

that  after  the  contract  for  the  work  shall  have  been  entered 
into,  or  the  bonds  mentioned  in  this  act  issued,  no  judgment 
shall  be  vacated  or  modified  or  any  petition  dismissed  at  a 
term  subsequent  to  that  at  which  the  judgment  was  rendered, 
nor  the  collection  of  the  assessment  be  in  any  way  stayed  or 
delayed  by  the  council  or  board  of  trustees,  or  board  of  local 
improvements,  or  any  officer  of  the  municipality,  without  the 
consent  of  the  contractor  and  bondholder.  [As  amended  by 
act  approved  and  in  force  May  9,  1901. 

563.  Vacation  of  assessment — new  assessment.]  § 57.  If 

any  assessment  shall  be  annulled  by  the  city  council  or  board  of 
trustees,  or  set  aside  by  any  court,  a new  assessment  may  be 
made  and  returned,  and  like  notice  given  and  proceedings 
had  as  herein  required  in  relation  to  the  first;  and  all  parties 
in  interest  shall  have  like  rights,  and  the  city  council  or 
board  of  trustees,  and  the  court,  shall  perform  like  duties 
and  have  like  power  in  relation  to  any  subsequent  assessment 
as  are  hereby  given  in  relation  to  the  first  assessment. 


STATUTES  RELATING  TO  CITY. 


11)2 


564.  New  assessment  for  completed  work.]  § 58.  No 

special  assessment  shall  be  held  void  because  levied  for  work 
already  done  under  a prior  ordinance,  if  it  shall  appear  that 
such  work  was  done  in  good  faith,  by  the  contract  duly  let 
and  executed,  pursuant  to  an  ordinance  providing  that  such 
improvement  should  be  paid  for  by  special  assessment  or  spe- 
cial tax.  This  provision  shall  only  apply  when  the  prior  or- 
dinance shall  be  held  insufficient  for  the  purpose  of  such  as- 
sessment, or  otherwise  defective,  so  that  the  collection  of  the 
assessment  therein  provided  for  becomes  impossible.  A new 
or  special  ordinance  shall  in  such  case  be  passed,  providing  for 
such  assessment,  and  such  ordinance  need  not  be  presented  by 
the  board  of  local  improvements. 

565.  Supplemental  assessments — rebates.]  § 59.  If  in 

any  case  the  first  assessment  prove  insufficient,  a second  may 
be  made  in  the  same  manner,  as  nearly  as  may  be,  and  so  on 
until  sufficient  moneys  shall  have  been  realized  to  pay  for 
such  public  improvement.  It  shall  be  no  objection  to  such 
assessment  that  the  prior  assessment  has  been  levied,  adju- 
dicated and  collected,  unless  it  shall  appear  that  in  such  prior 
cause,  upon  proper  issue  made,  it  was  specially  found,  in 
terms,  that  the  property  objected  for  would  be  benefited  by 
said  improvement  no  more  than  the  amount  assessed  against 
it  in  such  prior  proceedings.  If  too  large  a sum  shall  at  any 
time  be  raised,  the  excess  shall  be  refunded  ratably  to  those 
against  whom  the  assesssment  was  made:  Provided,  however , 

the  petitioner,  in  case  it  so  elects,  may  dismiss  the  petition 
and  vacate  the  judgment  of  confirmation,  either  at  or  after 
the  term  at  which  the  judgment  is  rendered,  and  begin  new 
proceedings  for  the  same  or  a different  improvement,  as  pro- 
vided in  section  56  as  herein  amended.  [As  amended  by  act 
approved  and  in  force  May  9,  1901. 

566.  New  assessment  against  delinquents.]  § 60.  If  from 

any  cause  any  city,  village  or  town  shall  fail  to  collect  the 
whole  or  any  portion  of  any  special  assessment  or  special  tax 
which  may  be  levied,  which  shall  not  be  canceled  or  set  aside 
by  the  order  of  any  court,  for  any  public  improvement  au- 
thorized to  be  made  and  paid  for  by  a special  assessment  or  a 
special  tax,  the  city  council  or  board  of  trustees  may,  at  any 


LOCAL  IMPROVEMENTS. 


193 


time  within  five  years  after  the  confirmation  of  the  original 
assessment,  direct  a new  assessment  to  be  inade  upon  the  de- 
linquent property  for  the  amount  of  such  deficiency  and  inter- 
est thereon  from  the  date  of  such  original  assessment,  which 
assessment  shall  be  made,  as  nearly  as  may  be,  in  the  same 
manner  as  is  herein  prescribed  for  the  first  assessment.  In  all 
cases  where  partial  payments  shall  have  been  made  on  such 
former  assessments,  they  shall  be  credited  or  allowed  on  the 
new  assessment  to  the  property  for  which  they  were  made,  so 
that  the  assessment  shall  be  equal  and  impartial  in  its  results. 
If  such  new  assessment  prove  insufficient,  either  in  whole  or 
in  part,  the  city  council  or  board  of  trustees  may,  at  any  time 
within  said  period  of  five  years,  order  a third  to  be  levied,  and 
so  on  in  the  same  manner  and  for  the  same  purpose;  and  it 
shall  constitute  no  legal  objection  to  such  assessment  that  the 
property  may  have  changed  hands,  or  been  encumbered,  sub- 
sequent to  the  date  of  the  original  assessment. 

567.  Collection — certifying  roll.]  § 61.  Within  thirty 
(30)  days  after  the  filing  of  the  report  of  the  cost  of  the  work 
as  provided  in  section  eightj^-four  of  this  act,  as  herein  amended, 
the  clerk  of  the  court  in  which  such  judgment  is  rendered  shall 
certify  the  assessment  roll  and  judgment,  as  amended  or  re- 
duced, to  the  officer  of  such  city,  village  or  town,  authorized 
to  collect  such  special  assessment;  or,  if  there  has  been  an  ap- 
peal or  writ  of  error  taken  on  any  part  of  such  judgment,  then 
he  shall  certify  such  part  of  the  judgment  as  is  not  included 
in  such  appeal  or  writ  of  error,  and  such  certification  shall  be 
filed  by  the  officer  receiving  the  same  in  his  office.  With 
such  assessment  roll  and  judgment  the  clerk  of  such  court 
shall  also  issue  a warrant  for  the  collection  of  such  assess- 
ment. The  court  shall  have  power  to  recall  such  warrants 
as.  to  all  or  any  of  the  property  affected  at  any  time  before 
payment  or  sale,  in  case  the  proceedings  be  abandoned  by  the 
petitioner  or  the  judgment  be  vacated  or  modified  in  a material 
respect  as  hereinbefore  provided,  but  not  otherwise. 

568.  Warrant  to  collector.]  § 62.  Should  an  appeal  or 
writ  of  error  be  taken  on  any  part  of  such  judgment,  and  the 
board  elect  to  proceed  with  the  improvement,  notwithstanding 
such  an  appeal,  as  provided  for  in  section  seventy-five  (75) 


194 


STATUTES  RELATING  TO  CITY. 


of  this  act,  the  clerk  shall  certify  such  appealed  portion,  from 
time  to  time,  in  the  manner  above  mentioned,  as  the  judg- 
ment is  rendered  thereon,  and  the  warrant  accompanying 
such  certificate  in  each  case  shall  be  authority  for  the  collection 
of  so  much  of  such  assessment  as  shall  be  included  in  the  por- 
tion of  the  roll  thereto  attached.  The  warrant  in  all  cases  of 
assessment,  under  this  act,  shall  contain  a copy  of  such  cer- 
tificate of  the  judgment  describing  lots,  blocks,  tracts  and  par- 
cels of  land  assessed  so  far  as  they  shall  be  contained  in  the 
portion  of  the  roll  so  certified,  and  the  respective  amount  as- 
sessed on  each  lot,  block,  tract  or  parcel  of  land,  and  shall  be 
delivered  to  the  officer  authorized  to  collect  such  special  as- 
sessment. The  collector  having  a warrant  for  any  assessment 
levied  to  be  paid  by  installments  may  receive  any  or  all  of  the 
installments  of  such  assessment,  but  if  in  part  only,  then  in  their 
order.  [As  amended  by  an  act  approved  and  in  force  May  9, 
1901. 

569.  Collector’s  notice.]  § 63.  The  collector  receiving 
such  warrant  shall  immediately  give  notice  thereof  by  pub- 
lishing a notice  in  one  or  more  newspapers  in  such  city,  town  or 
village,  if  such  newspaper  is  there ; and  if  there  is  no  such  news- 
paper, then  by  posting  four  copies  thereof  in  public  places 
along  the  line  of  the  proposed  improvement;  such  notice  may 
be  substantially  in  the  following  form: 

SPECIAL  ASSESSMENT  NOTICE. 

Special  Warrant,  No 

Notice:  Public  notice  is  hereby  given  that  the  (here  insert  title  of  court)  has 
rendered  judgment  for  a special  assessment  (or  special  tax)  upon  property  bene- 
fited by  the  following  improvement:  (here  describe  the  character  and  location  of 
the  improvement  in  general  terms),  as  will  more  fully  appear  from  the  certified 
copy  of  the  judgment  on  file  in  my  office;  that  the  warrant  for  the  collection  of 
such  assessment  (or  special  tax)  is  in  the  hands  of  the  undersigned.  All  persons 
interested  are  hereby  notified  to  call  and  pay  the  amount  assessed  at  the  collector’s 
office,  (here  insert  location  of  office),  within  thirty  days  from  the  date  hereof. 

Dated  this day  of A.  D.  18 

Collector. 

When  such  assessment  or  special  tax  is  levied  to  be  paid 
in  installments,  such  notice  shall,  in  addition  to  the  forego- 
ing, contain  the  amount  of  each  installment,  the  rate  of  in- 
terest deferred  installments  bear,  the  date  when  payable. 

570.  Collector’s  demand — penalty — entry  of  payment.] 

§ 64.  It  shall  be  the  duty  of  the  collector  into  whose  hands 
the  warrant  shall  come,  as  far  as  practicable,  to  call  upon  all 
persons,  resident  within  the  neighborhood,  whose  names  ap- 


LOCAL  IMPROVEMENTS. 


195 


pear  upon  the  assessment  roll,  or  the  occupants  of  the  prop- 
erty assessed,  and  personally,  or  by  written  or  printed  notices 
left  at  his  or  her  usual  place  of  abode,  inform  them  of  such 
special  assessment,  and  request  payment  of  the  same. 

Any  such  collector  omitting  to  do  so  shall  be  liable  to  a 
penalty  of  ten  dollars  for  every  such  omission,  but  the  validity  of 
the  special  assessment,  or  the  right  to  apply  for  and  obtain  judg- 
ment thereon,  shall  not  be  affected  by  such  omission.  It  shall 
be  the  duty  of  such  collector  to  write  the  word  “paid”  oppo- 
site each  tract  or  lot  on  which  the  assessment  is  paid,  together 
with  the  name  and  postoffice  address  of  the  person  making  the 
payment,  and  the  date  of  payment. 

571.  Report  of  collector  of  delinquent  list  to  general  officer.] 

§ 65.  It  shall  be  the  duty  of  the  collector,  on  or  before  the 
first  day  of  April  in  each  year,  to  make  a report  in  writing  to 
the  general  officer  of  the  county  authorized  or  to  be  designated 
by  the  general  revenue  laws  of  this  State  to  apply  for  judgment 
and  sell  lands  for  taxes  due  the  county  and  State  of  all  the 
lands,  town  lots  and  real  property  on  which  he  shall  be  unable 
to  collect  special  assessments,  or  installments  thereof  matured 
and  paj^able,  or  interest  thereon,  or  interest  due  to  the  preced- 
ing January  second  on  installments  not  yet  matured  on  all 
warrants  in  his  hands,  with  the  amount  of  such  delinquent 
special  assessment  or  installments  and  interest  together  with 
his  warrants;  or,  in  case  of  an  assessment  levied  to  be  paid  by 
installments,  with  a brief  description  of  the  nature  of  the 
warrant  or  warrants  received  by  him  authorizing  the  collection 
thereof,  which  report  shall  be  accompanied  with  the  oath  of 
the  collector  that  the  list  is  a correct  return  and  report  of  the 
land,  town  lots  and  real  property  on  which  the  special  assess- 
ment (or  special  tax  levied  by  the  authority  of  the  city  of 

or  town  or  village  of as  the  case 

may  be),  or  installments  thereof,  or  interest,  remaining  due 
and  unpaid;  that  he  is  unable  to  collect  the  same,  or  any  part 
thereof,  and  that  he  has  given  the  notice  required  by  law  that 
such  warrants  have  been  received  b}^  him  for  collection. 

572.  Report  to  be  evidence.]  § 66.  Said  report,  when  so 
made,  shall  be  'prim a facie  evidence  that  all  the  .forms  and  re- 


19G  STATUTES  RELATING  TO  CITY. 

quirements  of  the  law  in  relation  to  the  making  of  said  return 
have  been  complied  with,  and  that  the  special  assessments,  or 
special  taxes,  or  the  matured  installments  thereof,  and  the 
interest  thereon,  and  the  interest  accrued  on  installments  not 
yet  matured,  mentioned  in  said  report,  are  due  and  unpaid, 
and  upon  the  application  for  judgment  of  sale  upon  such  assess- 
ment or  matured  installments  thereof,  or  the  interest  thereon, 
or  the  interest  accrued  on  installments  not  yet  matured,  no 
defense  or  objection  shall  be  made  or  heard  which  might  have 
been  interposed  in  the  proceeding  for  the  making  of  such  assess- 
ment, or  the  application  for  the  confirmation  thereof,  and  no 
errors  in  the  proceeding  to  confirm,  not  affecting  the  power 
of  the  court  to  entertain  and  consider  the  petition  therefor, 
shall  be  deemed  a defense  to  the  application  herein  provided 
for. 

When,  such  application  is  made  for  judgment  of  sale  on  an 
installment  only  of  an  assessment  payable  by  installments,  all 
questions  affecting  the  jurisdiction  of  the  court  to  enter  the 
judgment  of  confirmation  and  the  validity  of  the  proceedings 
shall  be  raised  and  determined  on  the  first  of  such  applications. 
On  application  for  judgment  of  sale  on  any  subsequent  install- 
ment, no  defense,  except  as  to  the  legality  of  the  pending  pro- 
ceeding, the  amount  to  be  paid,  or  actual  payment,  shall  be 
made  or  heard.  And  it  shall  be  no  defense  to  the  application 
for  judgment  on  any  assessment  or  any  installment  thereof  that 
the  work  done  under  any  ordinance  for  an  improvement  does 
not  conform  to  the  requirements  of  such  ordinance,  if  it  shall 
appear  that  the  said  work  has  been  accepted  by  or  under  the 
direction  of  the  board  of  local  improvements.  And  the  volun- 
tary payment  by  the  owner  or  his  agent  of  any  installment  of 
any  assessment  levied  on  any  lot,  block,  tract  or  parcel  of  land, 
shall  be  deemed  and  held  in  law  to  be  an  assent  to  the  confirma- 
tion of  the  assessment  roll,  and  to  be  held  to  release  and  waive 
any  and  all  right  of  such  owner  to  enter  objections  to  the  ap- 
plication for  judgment  of  sale  and  order  for  sale.  The  judgment 
of  sale  on  any  installment  shall  include  all  interest  accrued 
on  said  installment  up  to  the  date  of  said  judgment  of  sale, 
and- also  the  annual  -interest  due  as  returned  delinquent  by  the 
municipal  collector  on  anjr  installment  or  installments  not 


LOCAL  IMPROVEMENTS. 


197 


matured;  and  all  judgments  of  sale  for  a matured  installment 
shall  bear  interest  on  the  amount  of  the  principal  of  said 
matured  installment  to  the  date  of  payment  or  sale.  . 

573.  Application  for  judgment — sale — revenue  laws  to 

govern.]  § 67.  When  such  general  officer  shall  receive  the 
report  above  provided  for,  he  shall  proceed  to  obtain  judgment 
against  said  lots  and  parcel  of  land  and  property  for  said  special 
assessments  and  said  special  taxes,  or  installments  thereof, 
and  interest  remaining  due  and  unpaid,  in  the  same  manner 
as  is  or  may  be  by  law  provided  for  obtaining  judgment  against 
lands  for  taxes  due  and  unpaid  the  county  or  State;  and  shall 
in  the  same  manner  proceed  to  sell  the  same  for  the  said  special 
assessments,  special  taxes,  or  installments  thereof,  and  interest 
remaining  due  and  unpaid.  In  obtaining  such  judgments  and 
making  such  sale,  the  said  officer  shall  be  governed  by  the 
general  revenue  law  of  the  State,  except  when  otherwise  pro- 
vided herein.  No  application  for  judgment  against  lands  for 
unpaid  special  taxes  or  special  assessments  shall  be  made  at  a 
time  different  from  the  annual  application  for  judgment  against 
lands  upon  which  general  taxes  remain  due  and  unpaid.  The 
application  for  judgment  upon  delinquent  special  assessments 
or  special  taxes  in  each  year  shall  include  only  such  special 
assessments,  special  taxes,  or  installments  thereof,  and 
interest  as  shall  have  been  returned  as  delinquent  to  the  county 
collector  on  or  before  the  first  day  of  April  in  the  year  in  which 
said  application  is  made:  Provided , that  such  judgment  of 

sale  shall  include  interest  on  matured  installments  up  to  the 
date  of  such  judgment,  as  herein  provided. 

574.  Return  of  sale — redemption.]  § 68.  After  making 

said  sale,  the  list  of  lots,  parcels  of  land  and  property  sold 
thereat  shall  be  returned  to  the  office  of  the  county  clerk,  and 
redemption  may  be  made  as  provided*  for  by  the  general  revenue 
law  of  this  State. 

575.  Sale  where  assessment  paid — penalty.]  § 69.  If  the 

collector  shall  receive  any  moneys  for  taxes  or  assessments,  or 
installments  thereof,  and  give  a receipt  therefor,  for  any  land 
or  parcel  of  land,  and  afterwards  make  a return  that  the  said 
tax,  assessment  or  installment  thereof  was  unpaid,  to  the  State 


198  STATUTES  RELATING  TO  CITY. 

I 

officers  authorized  to  Bell  land  for  taxes,  or  shall  receive  the 
said  amount  so  payable  after  such  return  has  been  made,  and 
the  said  property  be  sold  for  any  tax,  assessment  or  installment 
thereof  which  lias  been  so  paid  and  receipted  for  by  himself  or 
his  clerks,  he  and  his  bondsmen  shall  be  liable  to  the  holder 
of  the  certificate  given  to  the  purchaser  at  the  said  sale  for 
double  the  amount  of  the  face  of  the  certificate,  to  be  demanded 
in  two  years  from  the  date  of  the  sale,  and  recovered  in  any 
court  having  jurisdiction  of  the  amount;  and  the  city,  village 
or  town  shall  in  no  case  be  liable  to  the  holder  of  such  certificate. 

576.  Paying  over — compensation.]  § 70.  The  collector  or 
collectors,  and  the  general  officer  aforesaid  to  whom  the  said 
warrants  shall  be  returned,  shall  pay  over  to  the  city,  village  or 
town  treasury  to  which  it  shall  belong,  all  moneys  collected  by 
them,  respectively,  upon  or  by  virtue  of  such  warrant,  or  upon 
any  sale  for  taxes,  or  otherwise,  at  such  time  or  times  and  in 
such  manner  as  shall  be  prescribed  by  ordinance,  and  shall  be 
allowed  such  compensation  for  their  services  in  the  collection 
of  such  assessment  as  the  ordinance  of  the  city  or  village  may 
provide,  except  vdien  such  compensation  is  fixed  by  a general  law. 

577.  General  revenue  laws  apply.]  § 71.  The  general 

revenue  laws  of  this  State,  in  reference  to  proceedings  to  re- 
cover judgment  for  delinquent  taxes,  the  sale  of  property 
thereon,  the  execution  of  certificates  of  sale  and  deeds  thereon, 
the  force  and  effect  of  such  sales  and  deeds,  and  all  other  laws 
in  relation  to  the  enforcement  and  collection  of  taxes,  and  re- 
demption from  tax  sales,  except  as  herein  otherwise  provided, 
shall  be  applicable  to  proceedings  to  collect  such  special  assess- 
ments and  special  taxes. 

578.  Municipality  may  buy  in.]  § 72.  Any  city,  village 
or  town  interested  in  the  collection  of  any  tax  or  special  assess- 
ment, may,  in  default  of  other  bidders,  become  a purchaser  at 
any  sale  of  property  to  enforce  the  collection  of  the  same,  and 
may,  by  ordinance,  authorize  and  ijiake  it  the  duty  of  one  or 
more  municipal  officers  to  attend  such  sales  and  bid  thereat  in 
behalf  of  the  corporation. 

579.  Contracts  payable  from  assessments — claim  limited  to 
funds  collected — account  to  be  kept.]  § 73.  No  person  or 


LOCAL  IMPROVEMENTS. 


199 


persons  or  bodies  corporate,  taking  any  contracts  from  the  city, 
village  or  town,  and  agreeing  to  be  paid  ont  of  special  assess- 
ments or  special  taxes,  shall  have  any  claim  or  lien  npon  the 
city,  village  or  town  in  any  event,  except  from  the  collection  of 
special  assessments  or  special  taxes  made  or . to  be  made  for 
the  work  contracted  for,  bnt  the  municipality  shall  cause  collec- 
tions and  payments  to  be  made  with  all  reasonable  diligence. 
And  in  such  case,  if  it  shall  appear  that  such  assessment  or  tax 
can  not  be  levied  nor  collected,  the  municipality  shall  not, 
nevertheless,  be  in  any  w~ay  liable  to  such  contractor  or  con- 
tractors in  case  of  failure  to  collect  the  same,  but  shall,  so  far 
as  it  can  legally  do  so,  with  all  reasonable  diligence  cause  a 
valid  assessment  or  assessments,  special  tax  or  taxes,  to  be  levied 
and  collected  to  defray  the  cost  of  said  work  until  all  contrac- 
tors shall  be  fully  paid,  and  an}^  contractor  shall  be  entitled 
to  summary  relief  of  mandamus  or  injunction  to  enforce  the 
provisions  hereof. 

The  city  treasurer  shall  keep  a separate  account  with  each 
special  assessment  warrant  number,  and  with  the  money  re- 
ceived thereunder. 

580.  Letting  contracts — when  city,  etc.,  may  perform  the 
work.]  § 74.  All  contracts  for  the  making  of  any  public 
improvements,  to  be  paid  wholly  or  in  part  by  special  assess- 
ment or  special  tax,  and  any  work  or  other  public  improvements 
when  the  expense  thereof  shall  exceed  five  hundred  dollars 
($500),  shall  be  let  to  the  lowest  responsible  bidder  in  the 
manner  herein  prescribed,  such  contracts  to  be  approved  by 
the  president  of  the  board  of  local  improvements. 

In  case  of  any  work  in  which  it  is  estimated  that  the  work 
will  not  cost  more  than  five  hundred  dollars  ($500),  if  after 
receiving  bids  it  shall  appear  to  said  board  of  local  improve- 
ments that  said  work  can  be  performed  better  and  cheaper  by 
the'  city,  town  or  village,  or  the  authorities  thereof,  the  authori- 
ties of  the  city,  town  or  village  shall  perform  said  work  and 
employ  the  necessary  help  therefor,  and  the  cost  of  said  work 
by  said  city,  town  or  village,  or  the  authorities  thereof,  shall  in 
no  case  be  more  than  the  lowest  bid  received. 

581.  When  contracts  shall  be  let.]  § 75.  Within  ninety 
(90)  days  after  the  term  of  court  at  which  judgment  of  con- 


200 


STATUTES  RELATING  TO  CITY. 


firmation  of  any  special  assessment  or  special  tax,  levied  in  pur- 
suance of  this  act,  lias  been  entered,  if  there  be  no  appeal  per- 
fected, or  other  stay  of  proceedings  by  a court  having  jurisdic- 
tion, or  in  case  the  judgment  for  the  condemnation  of  any  prop- 
erty for  any  such  improvement,  or  the  judgment  of  confirmation 
as  to  any  property  be  appealed  from,  then,  if  the  petitioner  shall 
file  in  such  cause  a written  election  to  proceed  with  the  work, 
notwithstanding  such  appeal  or  other  stay,  steps  shall  be  taken 
to  let  the  contract  for  such  work  in  the  manner  herein  provided. 
If  the  judgment  of  condemnation  or  of  confirmation  of  the 
special  tax  or  special  assessment  levied  for  such  work  be  ap- 
pealed from,  or  stayed  by  a supersedeas  or  other  order  of  a 
court  having  jurisdiction,  and  the  petitioner  file  no  such  elec- 
tion, then  the  steps  herein  provided  for  the  letting  of  the  con- 
tract for  such  work  shall  be  taken  within  fifteen  (15)  days 
after  the  final  determination  of  said  appeal  or  writ  of  error, 
or  the  determination  of  such  sta}',  unless  the  proceeding  be 
abandoned  as  herein  provided. 

582.  Notice  for  letting  contracts — bids.]  § 76.  Notice 

shall  be  given  by  advertisement  in  some  newspaper,  adopted 
for  that  purpose,  by  the  board  of  local  improvements  by  an 
order  entered  in  their  records,  that  bids  will  be  received  for 
the  construction  of  such  improvement,  either  as  a whole  or  in 
such  sections  as  the  board  shall  specify  in  its  notice,  in  accord- 
ance with  the  ordinance  therefor;  which  notice  shall  state  the 
time  of  opening  such  bids  (not  more  than  fifteen  (15)  nor  less 
than  ten  (10)  days  thereafter),  and  shall  further  state  where 
the  specifications  for  such  improvements  are  to  be  found,  and 
whether  the  contractors  are  to  be  paid  in  cash  or  in  bonds,  and 
if  in  bonds,  then  the  rate  of  interest  such  vouchers  or  bonds 
shall  draw.  If  no  newspaper  be  published  in  said  munici- 
pality, then  four  such  notices  shall  be  posted,  all  of  which 
shall  be  in  the  vicinity  of  the  proposed  improvement.  Pro- 
posals or  bids  may  be  made  either  for  such  work  as  a whole 
or  for  such  specified  sections  thereof.  All  proposals  or  bids 
offered  shall  be  accompanied  by  cash  or  by  a check  payable  to 
the  order  of  the  president  of  the  board  of  local  improvements 
in  his  official  capacity,  certified  by  a responsible  bank,  for  an 
amount  which  shall  not  be  less  than  ten  (10)  per  centum  of 


LOCAL  IMPROVEM EN TS. 


201 


the  aggregate  of  the  proposal.  Said  proposals  or  bids  shall  be 
delivered  to  the  board  of  local  improvements,  and  said  board 
shall,  in  open  session,  at  the  time  and  place  fixed  in  said  no- 
tice, examine  and  publicly  declare  the  same:  Provided , how- 

ever, that  no  proposals  nor  bids  shall  be  considered  unless  ac- 
companied bv  such  check  or  cash. 

583.  Accepting  bid — contract.]  § 77.  Said  board  of  local 
improvements  may  reject  any  and  all  proposals  or  bids,  should 
they  deem  it  best  for  the  public  good ; and  if  they  shall  be  of  the 
opinion  that  a combination  exists  between  contractors,  either 
to  limit  the  number  of  bidders  or  to  increase  the  contract 
price,  and  that  the  lowest  bid  is  made  in  pursuance  thereof, 
it  shall  be  their. duty  to  do  so;  and  said  board  may  reject  the 
bid  of  any  party  who  has  been  delinquent  or  unfaithful  in 
any  former  contract  with  the  municipality,  and  shall  reject  all 
proposals  or  bids  other  than  the  lowest  regular  proposal  or 
bid  of  any  responsible  bidder,  and  may  award  the  contract 
for  said  work  or  improvement  to  the  lowest  responsible  bid- 
der at  the  prices  named  in  his  bid,  which  award  shall  be  re- 
corded in  the  record  of  its  proceedings.  Such  award,  if  any, 
shall  be  made  within  twenty  days  after  the  time  fixed  for  re- 
ceiving bids.  If  no  award  be  made  within  said  time,  another 
advertisement  for  proposals-  or  bids  for  the  performance  of 
the  work,  as  in  the  first  instance,  shall  be  made,  and  there- 
after [the  board  shall]  proceed  in  the  manner  above  in  this 
act  provided;  and  such  re-advertisement  shall  be  deemed  a re- 
jection of  all  former  bids,  and  thereupon  the  respective  checks 
and  bonds  corresponding  to  the  bids  so  rejected  shall  be  re- 
turned to  the  proper  parties,  but  the  .checks  accompanying  such 
accepted  proposals  or  bids  shall  be  retained  in  the  possession 
of . the  president  of  the  said  board  until  the  contract  for  do- 
ing said  work,  as  hereinafter  provided,  has  been'  entered  into, 
either  by  said  lowest  responsible  bidder  or  by  the  owners  of  a 
majority  of  the  frontage,  whereupon  said  certified  check  shall 
be  returned  to  said  bidder.  But  if  the  said  bidder  fails,  neg- 
lects or  refuses  to  enter  into  a contract,  to  perform  said  work 
or  improvement,  as  herein  provided,  then  the  certified  check 
accompanying  his  bid,  and  the  amount  therein  mentioned, 
shall  be  declared  to  be  forfeited  to  said  city,  village  or  town, 


202 


STATUTES  RELATING  TO  CITY. 


and  shall  be  collected  by  it  and  paid  into  its  fund  for  the  re- 
pairing and  maintenance  of  like  improvements;  and  any  bonds 
forfeited  may  be  prosecuted)  and  the  amount  due  thereon  col- 
lected and  paid  into  the  said  fund. 

584.  Person  interested  entitled  to  hearing.]  § 78.  Any 
owner  or  person  interested  in  any  of  the  property  assessed 
and  any  bidder  shall  be  entitled  to  a hearing  before  said  board 
on  any  question  connected  with  any  such  award. 

585.  Notice  of  awarding  contract.]  § 79.  Notice  of  such 

award  of  contract  shall  be  published  for  two  (2)  days  in  a 
daily  newspaper  published  and  [and]  circulated  in  said  city, 
village  or  town,  designated  by  the  said  board  of  local  improve- 
ments, by  general  order  for  that  purpose,  duly  entered  in  its 
records.  Or  where  there  is  no  daily  newspaper  in  said  city 
or  village,  by’ one  (1)  insertion  of  the  same  in  a semi- weekly 
or  weekly  newspaper  so  published  and  circulated,  and  so  desig- 
nated: Provided , however , that  in  case  there  is  no  newspaper 

printed  or  published  in  such  city,  village  or  town,  then  four 
(4)  notices  of  such  award  shall  be  posted,  all  of  which  shall 
be  in  the  Vicinity  of  the  proposed  improvement. 

586.  Owners  of  a majority  of  frontage  may  take  contract.] 
§ 80.  The  owners  of  a majority  of  the  frontage  of  the  lots  and 
lands  upon  the  street  wherein  said  work  is  to  be  done,  or  their 
agents,  who  shall  take  oath  that  they  are  such  owners  or  agents, 
shall  not  be  required  to  present  sealed  proposals  or  bids,  but 
may,  within  ten  days  after  the  first  posting  and  publication  of 
said  notice  of  said  award,  elect  to  take  said  work,  and  enter  into 
a written  contract  to  do  the  whole  work  at  ten  per  centum  less 
than  the  price  at  which  the  same  has  been  awarded.  Should 
the  said  owners  fail  to  elect  to  take  said  work,  and  to  enter 
into  a written  contract  therefor  within  ten  days,  or  to  com- 
mence the  work  within  thirty  days  after  the  first  posting  and 
publication  of  said  award,  and  to  prosecute  the  same  with  dili- 
gence, it  shall  be  the  duty  of  the  board  of  local  improvements 
to  enter  into  a contract  with  the  original  bidder  to  whom  the 
contract  was  awarded,  and  at  the  prices  specified  in  his  bid. 

587.  Rejecting  bids  in  case  of  default.]  § 81.  If  such 
original  bidder  fails  or  refuses  for  fifteen  (15)  days  after  the 
first  posting  or  publication  of  the  notice  of  award,  or  in  case  a 


LOCAL  IMPROVEMENTS. 


203 


contract  be  made  with  the  owners,  and  default  by  them,  then, 
within  ten  (10)  days  after  notice  that  such  owners  are  in  de- 
fault, to  enter  into  a contract,  then  said  board  of  . local  improve- 
ments, without  further  proceedings,  shall  again  advertise  for 
proposals  or  bids,  as  in  the  first  instance,  and  award  the  contract 
for  said  work  to  the  then  regular  lowest  bidder.  The  bids  of 
all  persons,  and  the  election  of  all  owners,  as  aforesaid,  who 
have  failed  to  enter  into  the  contract  as  herein  provided,  shall 
be  rejected  in  any  bidding  or  election  subsequent  to  the  first 
for  the  same  work. 

588.  Completing  unfinished  work — contractor’s  bonds — pay- 
ment of  expenses.]  § 82.  If  the  owners  or  contractors,  who 
may  have  taken  any  contract,  shall  not  complete  the  same 
within  the  time  mentioned  in  the  contract,  or  within  such 
further  time  as  the  board  of  local  improvements  may  give 
them,  the  said  board  may  re-let  the  unfinished  portions  of  the 
said  work,  after  pursuing  the  formalities  prescribed  herein- 
before for  the  letting  of  the  whole  in  the  first  instance.  All 
contractors,  contracting  owners  included,  shall,  at  the 
time  of  executing  any  contract  for  such  public  work,  exe- 
cute a bond  to  the  satisfaction  and  approval  of  the  board  of 
local  improvements  of  said  city,  village  or  town  in  such  sum 
as  the  said  board  shall  deem  adequate,  conditioned  for  the 
faithful  performance  of  the  contract;  and  the  sureties  shall 
justify,  before  some  person  competent  to  administer  an  oath, 
in  double  the  amount  mentioned  in  said  bond,  over  and  above 
all  statutory  exemptions. 

589.  Appointment  of  attorneys,  engineers,  clerks,  inspectors, 
etc. — execution  and  acceptance  of  work — recourse  on  munici- 
pality.] § 83.  The  board  of  local  improvements  in  cities  of 
one  hundred  thousand  (100,000)  inhabitants  and  over,  ac- 
cording to  the  last  census  as  hereinbefore  provided,  may  ap- 
point an  attorney  for  the  board  who  shall  have  charge,  under 
its  direction  and  control,  of  all  legal  matters  pertaining  to  the 
board  of  local  improvements,  the  confirmation  of  special  as- 
sessments and  the  collection  of  the  same.  It  may  also  ap- 
point an  engineer  for  the  board,  and  such  assistant  attorneys, 
engineers,  clerks,  inspectors,  etc.,  etc.,  as  may  be  necessary  to 
carry  into  effect  the  purposes  of  this  act. 


201 


STATUTES  RELATING  TO  CITY. 


The  board  is  hereby  authorized  to  make,  or  cause  to  be  made, 
the  written  contracts,  and  receive  all  bonds  authorized  by  this 
act,  and  to  do  any  other  act,  expressed  or  implied,  that  per- 
tains to  the  execution  of  the  work  provided  for  by  such  ordi- 
nance or  ordinances,  and  shall  fix  the  time  for  the  commence- 
ment of  the  work  thereunder  and  for  the  completion  of  the 
work  under  all  contracts  entered  into  by  it,  which  work  shall 
be  prosecuted  with  diligence  thereafter  to  completion,  and 
said  board  may  extend  the  time  so  fixed  from  time  to  time 
as  they  may  think  best  for  the  public  good.  The  work  to  be 
done  pursuant  to  such  contracts  must  in  all  cases  be  done  un- 
der the  direction  and  to  the  satisfaction  of  the  board  of  local 
improvements,  and  all  contracts  made  therefor  must  contain  a 
provision  to  that  effect,  and  also  express  notice  that  in  no  case, 
except  as  otherwise  provided  in  the  ordinance,  or  the  judg- 
ment of  the  court,  will  said  board,  or  municipality,  except  as 
herein  otherwise  provided,  or  any  officer  thereof,  be  liable  for 
any  portion  of  the  expenses,  nor  for  any  delinquency  of  per- 
sons or  property  assessed. 

The  acceptance  by  the  said  board  of  any  improvement  shall 
be  conclusive  in  the  proceeding  to  make  said  assessment,  and 
in  all  proceedings  to  collect  the  same,  or  installments  thereof, 
on  all  persons  and  property  assessed  therefor,  that  the  work 
has  been  performed  substantially  according  to  the  requirements 
of  the  ordinance  therefor,  but  if  any  property  owner  be  injured 
by  any  failure  so  to  construct  such  improvement,  or  suffer  any 
pecuniary  loss  thereby,  he  may  recover  the  amount  of  such 
injury  in  an  action  on  the  case  against  the  municipality  making 
said  improvement.  Provided , however,  that  such  action  be 
commenced  within  one  year  from  the  date  of  the  acceptance 
of  the  Work  by  the  board  of  local  improvements. 

§ 84.  Within  thirty  days  after  the  final  completion  and 
acceptance  of  the  work,  as  hereinbefore  provided,  the  board  of 
local  improvements  shall  cause  the  cost  thereof  to  be  certified, 
in  writing,  to  the  court  in  which  said  assessment  was  confirmed, 
together  with  an  amount  estimated  by  the  board  to  be  required 
to  pay  the  accruing  interest  on  bonds  or  vouchers  issued  to 
anticipate  collection,  and  thereupon,  if  the  total  amount  assessed 
for  said  improvement  upon  the  public  and  private  property 


LOCAL  IMPROVEMENTS. 


205 


exceeds  the  cost  of  the  same,  all  of  said  excess  excepting  the 
amount  required  to  pay  such  interest  as  herein  provided  for, 
shall  be  abated  and  the  judgment  reduced  proportionately  to 
the  public  and  private  property  owners  and  shall  be  credited 
pro  rata  upon  the  respective  assessments  for  said  improvements 
under  direction  of  the  court,  and,  in  case  the  assessment  is  col- 
lectible in  installments,  such  reduction  shall  be  made  so  that 
all  installments  shall  be  equal  in  amount,  except  that  all  frac- 
tional amounts  shall  be  added  to  the  first  installment  so  as  to 
leave  the  remaining  installments  in  the  aggregate  equal  in 
amount  and  each  a multiple  of  one  hundred  dollars;  the  intent 
and  meaning  hereof  being  that  no  property  owner  shall  be  re- 
* quired  to  pay  to  the  collector  a greater  amount  than  his  pro- 
portionate share  of  the  cost  of  said  work  and  of  the  interest 
that  may  accrue  thereon. 

591.  Inspection  of  work.]  § 85.  The  said  board  of  local 
improvements  shall  cause  the  entire  work  done  pursuant  to  any 
such  proceeding  and  contract,  and  the  materials  therefor,  to  be 
carefully  inspected  during  the  progress  of  the  work,  to  the  end 
that  the  contractor  or  contractors  shall  comply  fully  and 
adequately  with  all  the  provisions  of  the  said  ordinance,  and 
of  the  contract  under  which  said  work  is  to  be  done,  and  the 
specifications  therefor;  and  upon  the  complaint  of  any  prop- 
erty owner  that  the  work  or  materials  do  not  comply  with  such 
requirements,  the  president  of  the  said  board  of  local  improve- 
ments, shad  either  examine  the  said  work  and  materials  himself, 
or  designate  some  member  of  said  board  to  do  so,  who  shall 
make  personal  examination,  and  certify  in  writing  as  to  the 
result  thereof,  which  written  certificate  shall  be  filed  with  the 
papers  pertaining  to  the  said  board,  and  be  open  to  public  in- 
spection at  any  time. 

592.  Bonds  to  anticipate  installments  of  assessment.] 

§ 86.  For  the  purpose  of  anticipating  the  collection  of  the 
second  and  succeeding  installments  provided  for  in  this  act, 
it  shall  be  lawrful  for  such  city,  village  or  town  to  issue  bonds, 
payable  out  of  said  installments,  bearing  interest  at  the  rate 
of  five  p'er  centum  per  annum,  payable  annually  and  signed  by 
such  officers  as  may  be  b}^  ordinance  prescribed;  said  bonds 
shall  be  issued  in  sums  of  one  hundred  dollars,  or  some  multiple 


20G  STATUTES  RELATING  TO  CITY. 

thereof,  and  shall  be  dated  and  draw  interest  from  the  date  of 
the  issuing  of  the  same.  Each  bond  shall  state  on  its  face 
out  of  which  installment  it  is  payable,  and  shall  state,  by  num- 
ber or  other  designation,  the  assessment  to  which  such  install- 
ment belongs.  The  principal  of  such  bonds  shall  not  exceed, 
in  the  aggregate,  the  amount  of  such  deferred  installments,  and 
shall  be  divided  into  as  many  series  as  there  are  deferred  in- 
stallments: Provided , nothing  herein  contained  shall  be  con- 

strued to  prevent  the  payment  of  any  voucher  or  bond  out- of 
an  installment  having  a surplus  to  its  credit,  other  than  the 
one  against  which  the  same  is  issued;  the  intent  and  meaning 
thereof  being  that  in  case  from  any  cause  the  installment 
against  which  such  bond  or  voucher  is  drawn  has  not  sufficient 
money  to  the  credit  thereof  to  pay  the  same,  the  entire  amount 
of  the  assessment  or  any  installment  thereof  may  be  applied 
toward  the  payment  of  any  such  vouchers  or  bonds  issued 
against  the  assessment.  Each  series  shall  become  due  at  some 
time  in  the  year  in  which  the  corresponding  installment  will 
mature,  such  date  to  conform,  as  nearly  as  may  be,  to  the  time 
when  such  installment  will  be  actually  collected,  such  time  to 
be  estimated  and  determined  by  the  municipal  officers  issuing 
such  bonds:  Provided , also , that  it  shall  be  lawful  to  provide 

in  the  case  of  any  one  or  more  of  the  bonds  in  any  series,  that 
such  bond  or  bonds  shall  not  become  due  until  some  subsequent 
date,  not  later  than  the  thirty-first  day  of  December  next  suc- 
ceeding the  January  in  which  the  installment  against  which 
such  series  is  issued  shall  become  due  and  payable.  Such  bonds 
may  be  in  the  following  form: 

State  of  Illinois,  ) 

County  of. pS‘ 

Series  No 

$ Bond  No 

of 

Improvement  Bond. 

“The of in county,  Illinois,  for 

value  received,  promises  to  pay  to  the  bearer  on  the day 

of A.  D , the  sum  of ...  , dollars, 

with  interest  thereon  from  date  hereof  at  the  rate  of  five  per 


LOCAL  IMPROVEMENTS. 


207 


centum,  payable  annually  on  presentation  of  the  coup'ons  hereto 
annexed. 

“Both  principal  and  interest  of  this  bond  are  payable  at  the 
office  of  the  treasurer  of  said of 

“This  bond  is  issued  to  anticipate  the  collection  of  a part  of 

the installment  of  special  assessment  No , levied 

for  the  purpose  of , which  said  installment  bears 

interest  from  the. . . .day  of , A.  D , and  this 

bond  and  the  interest  thereon  are  payable  solely  out  of  said  in- 
stallments when  collected. 

“Dated  this day  of , A.  D..  ..... 

Which  said  bon^d  may  have  coupons  attached  to  represent  the 
interest  to  accrue  thereon. 

593.  Bonds  to  be  issued  at  par  and  accrued  interest.] 

§ 87.  Said  bonds  may  be  sold  or  paid  to  the  contractor  having 
the  contract  for  the  improvement  for  which  the  assessment  was 
levied,  at  not  less  than  their  par  value  and  interest  accrued 
to  time  of  delivery,  whether  sold  or  paid  to  the  contractor. 

594.  Payment  by  bonds — how  costs  paid.]  § 88.  Payment 

for  any  improvement  done  or  performed  under  the  provisions 
of  this  act,  to  be  paid  for  out  of  any  special  assessment  or  spe- 
cial tax  levied  in  installments,  as  herein  provided,  may  be 
made  in  the  bonds  herein  provided  for ; and  the  first  install- 
ment thereof  shall  be  paid  to  the  person  or  persons  entitled 
thereto  on  the  contract  for  said  work:  Provided , however , 

that  in  cities,  towns  and  villages  having  a population  of  less 
than  one  hundred  thousand,  where  the  ordinance  for  the  im- 
provement provides  for  the  collection  of  costs,  such  costs  shall 
be  first  paid  out  of  said  first  installment.  If  such  first  install- 
ment is  not  collected  when  payments  fall  due,  vouchers  there- 
for may  be  issued,  payable  out  of  the  first  installment  when 
collected.  Such  vouchers  shall  bear  no  interest  and  shall  be 
paid  from  said- installment  when  collected. 

595.  Payment  of  assessment  in  bonds.]  § 89.  Any  prop- 
erty owner  may  pay  his  assessment,  wholly  or  in  part,  with 
the  bonds  or  vouchers  issued  under  this  act  on  account  of  such 
assessment,  applying,  however,  the  bonds  and  vouchers  of 
each  series  only  to  the  payment  of  the  installments  to  which 


208 


STATUTES  RELATING  TO  CITY. 


they  relate.  Tn  making  such  payments,  such  vouchers  and 
bonds  shall  be  taken  at  their  par  value  and  interest  accrued 
to  the  date  of  making  such  payment.  All  vouchers  and  bonds 
received  in  payment  of  such  assessment  shall  be  canceled  by 
the  officer  receiving  the  same,  as  of  the  date  of  their  receipt, 
and  deposited  with  the  treasurer  of  the  said  town  or  village 
issuing  the  same. 

596.  No  claims  except  against  the  assessment.]  § 90.  No 

person  or  persons  accepting  the  vouchers  or  bonds  as  provided 

herein  shall  have  any  claim  or  lien  upon  the  city,  town  or 

village  in  any  event  for  the  payment  of  such  vouchers  or  bonds 
or  the  interest  thereon,  except  from  the  collections  of  the  as- 
sessment against  which  said  vouchers  or  bonds  are  issued,  but 
the  municipality  shall  not,  nevertheless,  be  in  any  way  liable 
to  the  holders  of  said  vouchers  or  bonds  in  case  of  failure  to 

collect  the  same,  but  shall,  with  all  reasonable  diligence,  so 

far  as  it  can  legally  do  so,  cause  a valid  special  assessment  or 
assessments,  special  tax  or  taxes,  as  the  case  may  be,  to  be 
levied  and  collected,  to  pay  said  bonds  and  vouchers,  until  all 
bonds  and  vouchers  shall  be  fully  paid.  Any  holder  of  vouch- 
ers or  bonds,  or  their  assigns,  shall  be  entitled  to  summary 
relief  by  way  of  mandamus  or  injunction  to  enforce  the  provis- 
ion? hereof. 

597.  Payments  as  work  progresses.]  § 91.  From  time  to 
time,  as  the  work  under  any  contract  for  such  improvement 
progresses,  upon  certificates  by  the  said  board  of  local  im- 
provements, or  by  some  officer  designated  by  such  board  for  that 
purpose,  payments  may  be  made  either  in  money,  vouchers  or 
bonds,  as  herein  provided,  to  apply  upon  said  contract  price, 
reserving,  however,  a sufficient  amount  upon  each  of  said  pay- 
ments to  properly  secure,  in  the  judgment  of  said  board,  the 
faithful  performance  of  the  said  contract,  said  reserve  to  be 
paid  over  at  such  time  and  on  such  conditions  as  the  board  shall 
fix,  after  the  said  work  has  been  completed  or  accepted. 

598.  Interest  on  bonds — how  to  be  paid.]  § 92.  The  board 

of  local  improvements,  before  the  crediting  of  the  excess  as 
provided  for  in  section  eighty-four,  as  herein  amended,  shall 
determine  an  estimated  amount  deemed  as  sufficient  to  make 
up  any  probable  deficiency  of  interest,  by  which  from  any 


LOCAL  IMPROVEMENTS. 


209 


cause,  collections  of  interest  may  prove  insufficient  to  meet 
the  interest  to  be  paid  on  said  bonds  until  they  mature  as  here- 
inbefore provided.  Said  estimate  shall  be  deducted  out  of 
said  installments  as  an  item  of  expense  before  crediting  rebates 
of  excess  as  herein  directed  and  shall  be  used  for  no  other  pur- 
pose than  to  make  up  such  deficiency  until  the  bonds  are  fully 
paid,  both  principal  and  interest. 

599.  Rebates  declared  and  paid.]  § 93.  If,  upon  final 
settlement  with  the  contractor  for  any  improvement  and  full 
payment  of  all  vouchers  or  bonds,  issued  on  account  of  such 
contract,  there  shall  be  any  surplus  remaining  in  such  special 
assessment  or  special  tax  above  the  payments  aforesaid,  and 
above  the  amount  necessary  for  the  payment  of  interest  on  such 
vouchers  or  bonds,  as  above  provided,  it  shall  be  the  duty  of 
the  proper  authorities  of  such*  city,  incorporated  town  or  vil- 
lage to  at  once  cause  a rebate  to  be  declared  upon  each  lot, 
block,  tract  or  parcel  of  land  assessed  of  its  pro  rata  propor- 
tion of  such  surplus.  The  board  of  local  improvements  shall 
cause  to  be  kept  and  exhibited  publicly  in  its  office,  an  index 
of  all  warrants  upon  which  rebates  are  due  and  payable,  and 
upon  proper  proofs,  the  same  shall  be  repaid  to  the  person  en- 
titled thereto. 

600.  Expenses,  costs,  etc.,  how  to  be  paid.]  § 94.  The 

cost  and  expenses  of  maintaining  the  board  of  local  improve- 
ments herein  authorized,  of  paying  the  salaries  of  the  mem- 
bers of  said  board,  and  the  expense  of  making  and  levying 
special  assessments  or  special  taxes  and  of  letting  and  execut- 
ing contracts;  and  also  the  entire  cost  and  expense  attending 
the  making  and  return  of  the  assessment  rolls  and  the  neces- 
sary estimates,  examinations,  advertisements,  etc.,  etc.,  con- 
nected with  the  proceedings  herein  provided  for,  including 
the  court  costs,  including  the  fees  to  commissioners  in  con- 
demnation proceedings,  which  are  to  be  taxed  as  above  provided, 
shall  be  paid  by  the  city,  village  or  town  out  of  its  general  fund : 
Provided,  however,  that  in  cities,  towns  or  villages  of  this 
State  having  a population  of  less  than  one  hundred  thousand 
by  the  last  preceding  census  of  the  United  States,  or  of  this 
State,  the  city^,  village  or  town,  as  the  case  may  be,  may  in  and 
by  the  ordinance  providing  for  the  assessment  prescribed,  pro- 


210 


STATUTES  RELATING  TO  CITY. 


vide  that  a certain  sum,  not  to  exceed  six  per  centum  of  the 
amount  of  such  assessment,  shall  be  applied  toward  the  pay- 
ment of  the  aforesaid  and  other  costs  [of]  making  and  collect- 
ing such  assessment. 

601.  Appeals.]  § 95.  Appeals  from  final  judgments  or 
orders  of  any  court  made  in  the  proceedings  provided  for  by 
this  act,  may  be  taken  to  the  Supreme  Court  of  this  State,  in 
the  manner  provided  by  law,  by  any  of  the  owners  or  parties 
interested  in  lands  taken,  damaged  or  assessed  therein,  and 
the  court  may  allow  such  an  appeal  to  be  taken  jointly,  and 
upon  a joint  bond,  or  severally,  and  upon  several  bonds,  as  may 
be  specified  in  the  order  allowing  the  same. 

602.  Writs  of  error.]  § 96.  Writs  of  error  from  the  Su- 

preme Court  of  this  State  may  issue  upon  any  such  judgment 
upon  the  application  of  owners  or  parties  interested  in  the 
property  affected  thereb}',  as  shown  by  the  record,  at  any  time 
after  the  disposition  of  the  last  remaining  objection  to  the  con- 
firmation, if  any,  and  prior  to  the  first  day  of  June  following 
the  entry  of  such  judgment:  Provided , that  if  the  warrant 

for  collection  as  to  any  parcel  be  not  returned  delinquent  in 
any  year  before  April  1st,  a writ  of  error  as  to  such  parcel  may 
be  sued  out  at  any  time  before  June  1st  in  the  year  in  which 
the  same  is  so  returned  or  certified:  And,  provided  further , 

that  in  every  case  there  shall  be  filed  with  the  clerk  of  the  Su- 
preme Court,  with  the  application  for  such  writ,  an  affidavit 
by  the  plaintiff  in  error  or  his  agent  setting  forth  the  time  when 
such  warrant,  as  to  such  property,  was  returned  delinquent  or 
so  certified ; and  further  setting  forth  that  the  person  to  whom 
such  notice  of  the  filing  of  assessment  roll  as  to  such  property, 
as  shown  by  the  record,  did  not  receive  the  same,  or  otherwise 
learn  of  the  pendency  of  the  proceedings  for  the  confirmation 
of  said  assessment  until  less  than  ten  days  before  the  entry 
of  default  against  his  said  property  in  the  court  below. 

603.  Adoption  of  this  act  by  other  municipalities.]  § 97. 

x^.nv  city  or  incorporated  town  or  village  may,  if  it  shall  so  de- 
termine by  ordinance,  adopt  the  provisions  of  this  act,  and 
where  it  shall  have  so  adopted  this  act,  it  shall  have  the  right 
to  take  all  the  proceedings  herein  provided  for,  and  have  the 
benefit  of  all  the  provisions  hereof. 


LOCAL  IMPROVEMENTS. 


211 


604.  Use  of  provisions  of  this  act  by  other  corporate  authori- 
ties.] § 98.  Wherever  authority  of  law  now  exists  in  cor- 
porate authorities  in  this  State  to  levy  special  assessments  or 
special  taxes  for  local  improvements,  and  for  that  purpose  to 
use  the  proceedings  or  methods  provided  by  Article  9 of  an 
act  entitled  “An  act  to  provide  for  the  incorporation  of  cities 
and  villages approved  April  10,  1872,  in  force  July  1,  1872, 
such  corporate  authorities  are  hereby  authorized  to  make  use 
of  the  piovisions  of  this  act  for  such  purpose,  with  the  same 
effect  and  to  the  same  extent  as  heretofore  authorized  to  use 
the  provisions  of  said  Article  9 ; and  any  such  corporate 
authorities  as  may  be  hereafter  authorized  by  law  to  levy  such 
special  assessments  or  special  taxes,  may,  whether  otherwise 
expressly  authorized  thereto  or  not,  make  use  of  the  provisions 
of  this  act  in  like  manner. 

If,  in  any  such  case,  a board  of  local  improvements,  as  re- 
quired in  this  act,  does  not  exist,  such  corporate  authorities 
shall  take  such  steps  for  a public  hearing,  on  the  subject  of 
the  proposed  improvement  or  improvements,  to  be  paid  for  by 
special  assessment  or  special  taxation,  as  are  herein  required 
of  the  board  of  local  improvements,  and  shall  act  as  such  board 
in  the  manner  herein  provided,  as  nearly  as  may  be,  both  in 
originating  such  improvements  and  in  executing  such  work 
and  making  payment  therefor.  [See  § 507. 

605.  Repeal  of  conflicting  acts — pending  cases — reserva- 
tions.] § 99.  All  acts,  and  parts  of  acts,  in  conflict  with 
this  act  are  hereby  repealed. 

Provided , that  the  laws  subsisting  at  the  time  of  the  taking 
effect  of  the  local  improvement  act  of  June  14,  1897,  shall 
continue  to  apply  to  all  proceedings  for  the  condemnation  of 
lands/  or  the  confirmation  of  special  assessments  or  special  taxes 
for  local  improvements,  which  were  pending  in  any  court  in 
this  State  at  the  time  of  the  taking  effect  of  the  local  improve- 
ment act  of  June  14,  1897,  and  to  all  proceedings  for  the  collec- 
tion of  any  deficiency  under  past  levies  already  made  under 
any  laws  already  existing  at  the  time  of  the  taking  effect  of  the 
local  improvement  act  of  June  14,  1897 ; and  also  to  all  pro- 
ceedings for  new  assessments  made  in  lieu  of  others  annulled 
before  the  act  concerning  local  improvements  of  June  14,  1897, 


212 


STATUTES  RELATING  TO  CITY. 


took  effect,  by  order  of  some  court.  When  any  installment  of 
an  assessment  confirmed  under  prior  acts  shall  mature,  proceed- 
ings to  return  the  same  delinquent,  and  to  collect  the  same, 
shall  conform  to  the  provisions  of  this  act. 

Where  proceedings  for  local  improvements  to  be  made  by 
special  tax  or  special  assessment  shall  have  been  instituted  when 
this  act  shall  take  effect,  and  where  the  assessment  provided 
for  therein  has  not  been  confirmed  by  any  court,  all  future  pro- 
ceedings thereunder  &hall  be  as  herein  provided,  with  the  same 
effect  as  if  such  proceedings  had  been  commenced  in  accordance 
with  the  provisions  herein  provided:  Provided,  that  nothing 

in  this  act  shall  be  construed  to  repeal  an  act  entitled,  “An 
act  to  provide  additional  means  for  the  construction  of  sidewalks 
in  cities,  towns  and  villages,”  approved  April  15,  1875,  in  force 
July  1,  1875. 

Provided,  also,  that  nothing  in  this  act  contained  shall  be 
held  or  construed  to  be  a repeal  of  any  of  the  laws  of  the  State 
of  Illinois  relating  to  civil  service,  and  that  nothing  in  this 
act  contained  shall  be  held  or  construed  to  be  a repeal  or  modi- 
fication of  any  of  the  rules  of  the  civil  service  commission  of 
the  city  of  Chicago  adopted  pursuant  to  the  civil  service  laws 
of  the  State  of  Illinois. 

Emergency.]  § 2.  Whereas,  A great  number  of  improve- 
ments are  being  delayed  on  account  of  hardships  inflicted 
upon  property  owners  under  the  present  statutes,  therefore  an 
emergency  exists,  and  this  act  shall  take  effect  from  and  after 
its  passage. 

Aitroved  May  9,  1901. 

TO  AUTHORIZE  CITIES  OF  100,000  POPULATION  AND 
UNDER  TO  CONSTRUCT  OUTLET  SEWERS, 
RESERVOIRS,  PUMPING  WORKS,  ETC. 

AN  ACT  to  authorize  cities  of  100,000  population  and  under  to  construct  outlet 
sewers,  reservoirs,  pumping’  v\orks  and  machinery,  and  maintain  and  keep  in 
repair  the  same,  the  cost  thereof  to  be  defrayed  by  special  assessment,  or 
special  taxation,  and  if  the  assessment  is  paid  in  installments,  to  issue  bonds 
to  anticipate  the  deferred  installments.  [Approved  April  24,  1899.  L.  1899, 
p.  96.] 

606.  Cost  of  outlet  sewers  may  be  borne  by  special  assess- 
ment or  by  special  taxation.]  § 1.  Be  it  enacted  by  the  Peo- 
ple of  the  State  of  Illinois,  represented  in  the  General  Assembly : 


SEWERS,  RESERVOIRS,  PUMPING  WORKS,  ETC. 


213 


That  in  all  cities  in  this  State,  of  a population  of  one  hundred 
thousand  or  under,  which  have  a sewerage  system,  but  have 
no  adequate  outlet  therefor,  or  no  proper  disposition  of  the 
sewage  thereof,  without  constructing  an  outlet  sewer  through 
an  unimproved  portion  of  such  cities,  and  thence  through  lands 
beyond  the  limits  of  such  cities,  the  corporate  authorities  thereof 
are  hereby  vested  with  power  to  construct  an  outlet  sewer  wholly 
within,  or  partially  within  and  partially  without,  said  cities, 
into  which  the  sew'ers  throughout  said  cities  are  to  empty,  and 
through  which  they  are  to  discharge  their  sewage  for  proper 
disposition  and  sanitary  benefits,  and  to  construct  reservoirs, 
erect  pumping  works  and  machinery,  within  or  without  said 
cities,  and  to  acquire  the  necessary  land  and  machinery  for 
such  purposes,  and  otherwise  provide  for  discharging  the  sewage 
of  such  cities  into  channels  that  will  promote  the  health  and 
improve  the  sanitary  condition  of,  and  accomplish  the  purpose 
of  an  outlet  sewer  for  such  cities,  the  cost  of  which  shall  be 
borne  by  special  assessment,  or  by  special  taxation,  upon  the 
property  in  those  portions  of  said  cities  the  sewers  in  which 
are  to  ultimately  find  their  outlet  through  said  hereby 
authorized  outlet  sewer. 

607.  Cost  of  repairing  outlet  sewers  may  be  borne  by  special 
assessment  or  by  special  taxation.]  § 2.  That  the  corporate 

authorities  of  such  cities,  as  are  designated  in  section  one  of 
this  act,  are  hereby  vested  with  the  power  to  maintain  and  keep 
in  repair  such  outlet  sewers,  reservoirs,  pumping  works  and 
machinery  as  are  provided  for  in  said  section  one,  the  cost  of 
which  shall  be  borne  by  special  assessment,  or  by  special  taxa- 
tion, upon  the  property  as  described  also  in  said  section  one 
of  this  act:  Provided , that  no  lot,  block,  tract  or  parcel  of 

land  shall  be  assessed  more  than  once  in  any  one  year  for 
such  maintenance  and  repair. 

608.  May  acquire  real  and  personal  property  necessary  for 
right  of  way  and  easements,  etc.]  § 3.  That  the  corporate 
authorities  of  such  cities  as  are  designated  in  section  one  of 
this  act  shall  have  power  to  acquire  by  purchase,  gift,  condemna- 
tion or  otherwise  all  the  real  and  personal  property,  rights-of- 
way  and  easements  within  or  without  said  cities  necessary  for 
the  construction  and  maintenance  of  the  outlet  sewers  and 


214  STATUTES  RELATING  TO  CITY. 

works  authorized  by  this  act,  and  shall  have  the  same  control 
and  jurisdiction  of  the  property  without  as  of  that  within  said 
cities. 

609.  Ordinance  to  prescribe  whether  the  same  shall  be  made 
by  special  assessment  or  special  taxation.]  § 4.  When  the 

local  authorities  of  such  cities,  as  designated  in  section  one  of 
this  act,  shall  determine  to  construct  an  outlet,  sewer,  etc.,  here- 
inbefore provided  for,  they -shall  do  so  by  ordinance,  in  which 
shall  be  prescribed  whether  the  same  shall  be  made  by  special 
assessment  or  special  taxation.  In  the  same  ordinance  shall 
be  prescribed  the  nature,  character,  locality  and  description 
of  said  outlet  sewer  improvement,  either  by  setting  forth  the 
same  in  the  ordinance  itself  or  by  reference  to  maps,  plats, 
plans,  profiles  or  specifications  thereof  on  file  m the  office  of 
the  city  clerk,  or  by  both.  The  said  ordinance  shall  also  pre- 
scribe by  reasonably  well  understood  boundaries  those  portions 
of  the  city  the  sewage  of  which  is  to  be  conducted,  by  sewers 
already  laid,  or  those  contemplated  to  be  laid,  into  and  through 
the  herein  provided  outlet  sewer,  and  the  property  within  such 
boundaries  shall  be  assessable  for  the  cost  of  the . said  outlet 
sewer  improvement.  If  property  is  to  be  taken  or -damaged 
for  said  improvement,  such  ordinance  shall  prescribe  the  same 
with  reasonable  certainty. 

610.  When  city  council  may  order  petition  to  be  filed.]  §5. 

The  city  council  shall  appoint  three  of  its  members,  or  any 
other  three  competent  persons,  who  shall  make  an  estimate  of 
the  cost  of  the  outlet  sewer  improvement  contemplated  by  such 
ordinance,  including  reservoirs,  pumping  works  and  machinery, 
damages,  necessary  lands,  labor,  materials,  engineering  and 
all  other  expenses  attending  the  same,  and  the  cost  of  making 
and  levying  the  assessment,  and  shall  report  the  same  in  writ- 
ing to  said  city  council.  On  such  report  being  made  and  ap- 
proved by  the  city  council  the  council  may  order  a petition  to 
be  filed,  by  such  officer  as  it  shall  direct,  in  the  county  court 
of  its  county,  for  proceedings  to  assess  the  cost  of  such  improve- 
ment in  the  manner  provided  in  this  act. 

611.  Form  of  petition.]  § 6.  The  petition  to  court  shall 
be  in  the  name  of  the  corporation,  and  shall  recite  the  ordinance 
for  the  proposed  improvement,  and  report  of  such  commission. 


SEWERS,  RESERVOIRS,  PUMPING  WORKS,  ETC. 


215 


and  shall  pray  that  the  cost  of  such  improvement  may  be 
assessed  in  the  manner  prescribed  by  law.  Upon  the  filing 
of  such  petition,  the  Court  shall  appoint  three  competent  per- 
sons as  commissioners  who  shall  take  and  subscribe  to  an  oath, 
in  substance  as  follows,  to-wit : 

State  oe  Illinois,  ) 

County,  j SS’ 

We,  the  undersigned,  commissioners  appointed  by  the  county 
court  of county,  to  assess  the  cost  of  a sewer  out- 
let improvement  in  the  city  of , do  solemnly  swear 

(or  affirm  as  the  case  may  be)  that  we  will,  a true  an[d]  im- 
partial assessment  make  of  the  cost  of  said  improvement  upon 
the  property  assessable  for  the  same,  to  the  best  of  our  ability 
and  accordnig  to  law. 


It  shall  be  the  duty  of  such  commissioners  to  examine  the 
portions  of  the  city  that  said  outlet  sewer  improvement  is  con- 
templated to  accommodate  and  serve,  and  if  the  cost  thereof 
is  to  be  paid  by  special  assessment,  then  to  apportion  and  as- 
sess said  cost  upon  the  property,  in  said  portion  of  the  city  to 
be  served  by  said  outlet  sewer  improvement,  by  the  several  lots, 
blocks,  tracts  and  parcels  of  land  in  the  proportion  in  which 
they  will  be  severally  benefited  by  said  outlet  sewer  improve- 
ment; if  the  cost  is  to  be  paid  by  special  taxation,  then  the  said 
commissioners  shall  apportion  and  assess  said  cost  upon  the 
said  property,  in  said  portion  of  the  city  to  be  served  by  said 
outlet  sewer  improvement,  by  the  several  lots,  blocks,  tracts 
and  parcels  of  land  according  to  their  assessed  valuation, 
superficial  area,  or  frontage  on  the  streets,  as  may  be  prescribed 
in  said  ordinance. 

612.  Subsequent  proceeding.]  § 7.  All  the  additional  and 
further  proceedings  and  steps  necessary  to  the  making  of  an 
assessment  roll,  the  return  of  same  to  court,  notices  to  parties 
assessed,  newspaper  publications,  confirmation  of  assessment 
by  court,  delivery  of  roll  to  collector,  collection  of  assessments, 
return  of  delinquent  lists,  application  for  judgments  against  de- 
linquents, tax  sales  on  delinquents,  tax  deeds,  and  all  other 


STATUTES  RELATING  TO  CITY. 


216 


and  additional  proceedings  and  steps  necessary  to  be  taken  to 
make,  levy,  confirm  and  collect  an  assessment  to  pay  the  costs 
by  special  assessment  or  by  special  taxation  of  the  outlet  sewer 
improvement  provided  for  in  this  act,  as  well  as  proceedings 
for  condemnation  of  lands  and  the  manner  of  awarding  con- 
tracts, doing  and  superintending  the  work,  paying  the  con- 
tractor therefor,  etc.,  shall  be  in  accordance  with  the  provis- 
ions of  an  act  of  the  General  Assembly  of  the  State  of  Illinois 
entitled,  “An  Act  concerning  local  improvements,”  approved 
June  14,  1897,  in  force  July  1,  1897,  and  all  of  the  provisions  - 
of  said  act  not  inconsistent  with  any  of  the  provisions  of  this 
one,  which  are  applicable  to  the  purpose  herein  sought,  are 
hereby  made  an  aid  to  this  act  and  available  hereto. 

613.  Proceedings  for  assessing  and  collecting  the  costs,  etc.] 

§ 8.  The  proceedings  for  assessing  and  collecting  the  cost 
of  maintaining  and  keeping  in  repair  said  outlet  sewer,  reser- 
voirs, pumping  works  and  machinery,  designated  in  section  two 
of  this  act,  shall  be  the  same,  as  far  as  practicable  and  appli- 
cable, as  those  for  assessing  and  collecting  the  cost  of  con- 
structing the  same. 

614.  What  it  shall  be  lawful  to  provide  by  the  ordinance 
authorizing  outlet  sewers.]  § 9.  It  shall  be  lawful  to  provide 
by  the  ordinance  authorizing  the  outlet  sewer  improvement 
provided  for  in  this  act,  or  by  ordinance  passed  at  any  time 
before  the  confirmation  of  the  assessment  roll,  that  the  aggre- 
gate amount  assessed  against  property,  and  also  each  indi- 
vidual assessment,  be  divided  into  installments,  not  more 
than  twenty  (20)  in  number.  In  all  cases  such  division  shall 
be  so  made  that  all  installments  shall  be  equal  in  amount,  ex- 
cept that  all  fractional  amounts  shall  be  added  to  the  first 
installment,  so  as  to  leave  the  remaining  installments  of  the 
aggregate  equal  in  amount,  and  each  a multiple  of  one  hun- 
dred dollars.  The  first  installment  shall  be  due  and  payable 
on  the  second  day  of  January  next  after  confirmation  of  the 
assessment,  and  the  second  installment  one  year  thereafter, 
and  so  on  annually  until  all  are  paid.  All  installments,  ex- 
cept the  first  one,  shall  bear  interest  from  and  after  the  date 
of  confirmation  until  paid,  at  a rate  not  exceeding  six  (6) 
per  centum  per  annum,  to  be  fixed  by  the  ordinance.  The  in- 


SEWERS,  RESERVOIRS,  PUMPING  WORKS,  ETC.  217 

terest  on  each  installment,  except  the  first,  shall  be  payable 
as  follows:  On  the  second  day  of  January  next  succeeding 

the  date  of  confirmation,  the  interest  accrued  up  to  that  time 
on  all  unpaid  installments  shall  be  due  and  payable  and  be 
collected  with  the  installment,  and  thereafter  the  interest  on 
all  unpaid  installments,  then  payable,  shall  be  payable  an- 
nually, and  be  due  and  payable  at  the  same  time  as  the  install- 
ments maturing  in  such  year,  and  be  collected  therewith. 
In  all  cases  it  shall  be  the  duty  of  the  municipal  collector  as 
the  case  may  be,  whenever  pa}nnent  is  made  of  any  installment, 
to  collect  interest  thereon  up  to  the  date  of  such  payment 
whether  such  payment  be  made  at  or  after  maturity.  Any 
person  may  pay  the  whole  assessment  against  any  lot,  piece 
or  parcel  of  land,  or  any  installment  thereof,  with  interest  up 
to  the  date  of  payment,  at  any  time  before  the  bonds  herein- 
after mentioned  are  issued,  but  after  said  bonds  are  issued, 
payment  shall  not  be  received  of  any  installment  before  its 
maturity,  unless  interest  thereon  up  to  the  second  day  of  the 
succeeding  January  is  also  paid  at  the  same  time. 

615.  May  issue  bonds  and  retire  the  same.]  § 10.  For  the 

purpose  of  anticipating  the  collection  of  the  second  and  suc- 
ceeding installments  provided  for  in  this  act,  it  shall  be  law- 
ful for  such  cities,  as  aforesaid,  to  issue  bonds,  and  retire  the 
same,  in  accordance  with  the  provisions  and  regulations  of 
“An  Act  of  the  General  Assembly  of  the  State  of  Illinois,  en- 
titled, ‘An  Act  concerning  local  improvements/  ” approved  June 
14,  1897,  in  force  July  1,  1897. 

SPECIAL  CHARTERS  HAVING  A PROHIBITORY  LI- 
CENSE CLAUSE. 

AN  ACT  providing  that  cities,  villages  and  incorporated  towns,  now  under 
special  charters  having  a special  prohibitory  license  clause  therein,  may  re- 
organize under  the  general  law  and  retain  such  prohibitory  license  clause  by 
making  the  same  a public  act  by  a majority  vote  at  the  election  for  such 
reorganization.  [Approved  June  9,  1897.  In  force  July  1,  1897.  L.  1897,  p.  99.] 

616.  Reorganization — how  prohibitory  clause  may  be  re- 
tained.] § 1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  General  Assembly,  That  any  city, 
village  or  incorporated  town,  in  this  State,  now  existing  under 
or  by  virtue  of  any  special  charter  having  a special  prohibi- 
tory license  clause  therein,  desiring  to  reorganize  under  the 


—9 


218 


STATUTES  RELATING  TO  CITY. 


general  law,  being  “an  act  to  provide  for  the  incorporation 
of  cities  and  villages,”  approved  April  10,  1872,  in  force  July 
1,  1872,  in  such  cases  made  and  provided,  and  not  wishing 
to  relinquish  such  prohibitory  license  clause,  may  do  so  by 
making  the  same  a public  act  by  a majority  vote  at  the  election 
for  such  reorganization. 

617.  Election  for  retaining  prohibitory  clause.]  § 2.  The 

ballots  to  be  used  at  such  election  shall  be  in  the  following 
form : “For  cit}r  organization  under  general  law  by  retaining 

prohibitory  clause:”  or  “Against  city  organization  under  gen- 
eral law  by  retaining  prohibitory  clause.”  The  judges  of  such 
election  shall  make  returns  and  cause  the  result  of  such  elec- 
tion to  be  entered  upon  the  records  of  such  city.  If  a majority 
of  the  votes  cast  at  such  election  shall  be  for  city  organization 
under  general  law  by  retaining  prohibitory  clause,  such  city 
shall  be  thenceforth  be  deemed  to  be  organized  under  the  gen- 
eral law  and  such  prohibitory  clause  shall  thereby  be  declared 
a public  act,  and  shall  have  the  same  force  and  effect  as  if 
made  a part  of  said  general  law,  and  all  acts  or  parts  of  acts  in 
the  general  law  in  conflict  with  the  same  shall  be  of  no  force 
and  effect. 

LICENSE. 

peddler's  license  granted  to  ex-union  soldiers  and  sailors 

WITHOUT  FEE. 

AN  ACT  permitting  all  ex-union  soldiers  and  sailors,  honorably  discharged  from 
the  military  and  marine  service  of  the  United  States,  the  right  to  vend,  hawk 
and  peddle  goods,  wares,  fruits  or  merchandise  not  prohibited  by  law,  in  any 
county,  town,  village,  incorporated  city  or  municipality  in  the  State  of  Illinois. 

651.  Ex-union  soldiers  or  sailors  may  peddle  goods,  etc., 
without  license.]  § 1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois , represented  in  the  General  Assembly:  That 
on  and  after  the  passage  of  this  act  all  ex-union  soldiers  and 
sailofs,  honorably  discharged  from  the  military  or  marine 
service  of  the  United  States,  shall  be  permitted  to  vend,  hawk 
and  peddle  goods,  wares,  fruits  or  merchandise  not  prohibited 
by  law,  in  any  county,  town,  village,  incorporated  city  or  mu- 
nicipality within  this  State  without  a license : Provided , said 

soldier  or  sailor  is  engaged  in  the  vending,  hawking  and  ped- 
dling of  said  goods,  wares,  fruits  or  merchandise  for  himself 
only. 


LICENSE. 


2J. 9 


652.  Clerk  to  issue  license  free  upon  presentation,  etc., — 
penalty  for  violation  of  act.]  § 2.  Upon  the  presentation  of 
his  certificate  of  discharge  to  the  clerk  of  any  county,  town, 
village,  incorporated  city  or  municipality  in  this  State,  and 
showing  proofs  of  his  identity  as  the  person  named  in  his  cer- 
tificate of  honorably  discharge,  the  clerk  shall  issue  to  said 
ex-union  soldier  or  sailor  a license,  but  such  license  shall  be 
free,  and  said  clerk  shall  not  collect  oi?  demand  for  the  county, 
town,  village,  incorporated  city  or  municipality  any  fee  there- 
for. Any  clerk  of  any  county,  town,  village,  incorporated 
city  or  municipality  in  this  State  who  shall  violate  any  of  the 
foregoing  provisions  of  this  act,  by  failing  or  refusing  to  com- 
ply with  such  provisions,  as  herein  directed,  shall  be  fined  in 
a sum  not  less  than  ten  dollars  ($10)  nor  more  than  fifty  dol- 
lars ($50),  to  which  may  be  added  imprisonment  in  the  county 
jail  not  exceeding  ten  (10)  days. 

Approved  May  11,  1901. 


220 


STATUTES  RELATING  TO  CITY. 


MISCELLANEOUS  STATUTES 


AFFECTING 


THE  GOVERNMENT  OF  CITIES. 


CONSTITUTION  OF  1870. 

ARTICLE  IX,  SECTION  9. 

653.  Power  to  tax.]  § 9.  The  General  Assembly  may 
vest  the  corporate  authorities  of  cities,  towns  and  villages 
with  power  to  make  local  improvements  by  special  assessment, 
or  b}r  special  taxation  of  contiguous  property,  or  otherwise. 
For  all  other  corporate  purposes,  all  municipal  corporations 
may  be  vested  with  authority  to  assess  and  collect  taxes;  but 
such  taxes  shall  be  uniform  in  respect  to  persons  and  property, 
within  the  jurisdiction  of  the  body  imposing  the  same. 

654.  Fees  or  salaries  of  officers,  not  to  be  changed  during 
term.]  § 11.  No  person  who  is  in  default,  as  collector  or 
custodian  of  money  or  property  belonging  to  a municipal  cor- 
poration, shall  be  eligible  to  any  office  in  or  under  such  corpora- 
tion. The  fees,  salary  or  compensation  of  no  municipal  officer 
who  is  elected  or  appointed  for  a definite  term  of  office,  shall 
be  increased  or  diminished  during  such  term. 

655.  Indebtedness  of,  limited.]  § 12.  No  county,  city, 
township,  school  district,  or  other  municipal  corporation,  shall 
be  allowed  to  become  indebted  in  any  manner  or  for  any  pur- 
pose, to  an  amount,  including  existing  indebtedness,  in  the 
aggregate  exceeding  five  per  centum  on  the  value  of  the  tax- 
able property  therein,  to  be  ascertained  by  the  last  assess- 
ment for  State  and  county  taxes,  previous  to  the  incurring  of 
such  indebtedness.  Any  county,  city,  school  district,  or  other 
municipal  corporation,  incurring  any  indebtedness  as  afore- 


GOVERNMENT  OF  CITIES. 


221 


said,  shall  before,  or  at  the  time  of  doing  so,  provide  for  the 
collection  of  a direct  annual  tax  sufficient  to  pay  the  interest 
on  such  debt  as  it  falls  due,  and  also  to  pay  and  discharge  the 
principal  thereof  within  twenty  years  from  the  time  of  con- 
tracting the  same.  This  section  shall  not  be  construed  to  pre- 
vent any  county,  city,  township,  school  district,  or  other  mu- 
nicipal corporation,  from  issuing  their  bonds  in  compliance  with 
any  vote  of  the  people  which  may  have  been  had  prior  to  the 
adoption  of  this  constitution  in  pursuance  of  any  law  provid- 
ing therefor. 

656.  Municipal  subscriptions  to  railroads  or  private  corpora- 

tions.] No  county,  cit}r,  township  or  other  municipalit}T, 
shall  ever  become  subscriber  to  the  capital  stock  of  any  rail- 
road or  private  corporation,  or  make  donation  to  or  loan  its 
credit  in  aid  of  such  corporation : Provided , however , that  the 

adoption  of  this  article  shall  not  be  construed  as  affecting  the 
right  of  any  such  municipality  to  make  such  subscriptions 
where  the  same,  have  been  authorized,  under  existing  laws,  by 
a vote  of  the  people  of  such  municipalities  prior  to  such  adoption. 

657.  Property  exempt  from  taxation.]  § 2.  All  property 
described  in  this  section,  to  the  extent  herein  limited,  shall  be 
exempt  from  taxation,  that  is  to  say — 

First — All  lands  donated  by  the  United  States  for  school 
purposes,  not  sold  or  leased.  All  public  school  houses.  All 
property  of  institutions  of  learning,  including  the  real  estate 
on  which  the  institutions  are  located,  not  leased  by  such  insti- 
tutions or  otherwise  used  with  a view  to  profit.  [Northwest- 
ern University  v.  The  People  ex  rel.  Miller,  80  111.  333;  Bap- 
tist Theological  Union  v.  The  People,  8 Legal  News,  399. 

Second — All  church  property  actually  and  exclusively  used 
for  public  worship,  wdien  the  land  (to  be  of  reasonable  size  for 
the  location  of  the  church  building)  is  owned  by  the  congrega- 
tion. 

Third — All  lands  used  exclusively  as  grave  yards  or  grounds 
for  burying  the  dead. 

Fourth— All  unentered  government  lands;  all  public  build- 
ings or  structures  of  whatsoever  kind,  and  the  contents  thereof. 


222 


STATUTES  RELATING  TO  CITY. 


and  the  land  on  which  the  same  are  located,  belonging  to  the 
United  States. 

Fifth — All  property  of  every  kind  belonging  to  the  State  of 
Illinois.  [City  of  Chicago  v.  The  People  ex  rel.  Miller,  80 
111.,  384;  Board  of  Trustees  Illinois  Industrial  University  v. 
Supervisors  Champaign  Co.,  76  111.,  184. 

Sixth — All  property  belonging  to  any  county,  town,  village 
or  city,  used  exclusively  for  the  maintenance  of  the  poor.  All 
swamp  or  overflowed  lands  belonging  to  any  county,  so  long 
as  the  same  remain  unsold  by  such  county.  All  public  build- 
ings belonging  to  any  county,  township,  city  or  incorporated 
town,  with  the  ground  on  which  such  buildings  are  erected, 
not  exceeding  in  any  case  ten  acres. 

Seventh — All  property  of  institutions  of  purely  public  charity, 
when  actually  and  exclusively  used  for  such  charitable  purposes, 
not  leased  or  otherwise  used  with  a view  to  profit;  and  all  free 
public  libraries. 

Eighth — All  fire  engines  and  other  implements  used  for  the 
extinguishment  of  fires,  with  the  building  used  exclusively  for 
the  safe  keeping  thereof,  and  the  lot  of  reasonable  size  on 
which  the  building  is  located,  when  belonging  to  any  city,  vil- 
lage or  town. 

Ninth — All  market  houses,  public  squares  or  other  public 
grounds  used  exclusively  for  public  purposes.  All  works,  ma- 
chinery and  fixtures  belonging  exclusively  to  any  town,  village 
or  city,  and  used  exclusively  for  conveying  water  to  such  town, 
village  or  city. 

Tenth — All  property  which  may  be  used  exclusively  by  so- 
cieties for  agricultural,  horticultural,  mechanical  and  philoso- 
phical purposes,  and  not  for  pecuniary  profit. 

TOWNS,  CITIES,  ETC. 

658.  Certificate  of  rates.]  § 122.  The  proper  authorities 

of  towns,  townships,  districts,  and  incorporated  cities,  towns 
and  villages,  collecting  taxes  under  the  provisions  of  this  act, 
shall  annually,  on  or  before  the  second  Tuesday  in  August, 
certify  to  the  county  clerk  the  several  amounts  which  they 
severally  require  to  be  raised  by  taxation,  anything  in  their  re- 


STATEMENTS  OF  COLLECTIONS — PAYMENTS. 


223 


spective  charters,  or  in  acts  heretofore  passed  by  the  General 
Assembly  of  this  State,  to  the  contrary  notwithstanding. 
[As  amended  by  act  approved  May  3,  1873.  See  “Cities,”  etc., 
ch.  24,  § 111.  Chiniqny  v.  The  People,  78  111.,  570;  Thatcher 
v.  The  People,  79  111.,  597.  See  § 343. 

SWORN  STATEMENTS  OF  COLLECTIONS  TO  BE  MADE — PAYMENTS. 

659.  Thirty  day  settlements  with  cities,  etc.]  § 164. 

Town  and  district  collectors  shall,  every  thirty  days,  when  re- 
quired so  to  do  by  the  proper  authorities  of  incorporated  towns, 
cities  and  villages,  road  and  school  districts,  for  which  any  tax 
is  collected,  render  to  said  authorities  a statement  of  the  amount 
of  each  kind  of  tax  collected  for  the  same,  and  at  the  same  time 
pay  over  to  such  authorities  the  amount  so  shown  to  be  col- 
lected. [As  amended  by  act  approved  May  3,  1873. 

660.  Thirty  day  settlements  with  county  collector.] 

§ 165.  Such  town  and  district  collectors  shall,  every  thirty 
days,  render  a similar  account  of  the  taxes  payable  to  the  state 
treasury,  and  of  the  county  taxes,  do  the  county  collector,  and 
at  the  same  time  pay  over  the  amount  of  such  taxes  to  said  county 
collector. 

661.  Local  taxes  to  be  paid  over,  etc.]  § 166.  Said 

town  and  district  collectors  shall  pay  over  the  town,  road, 
school  and  other  local  taxes,  as  may  be  directed  in  the  warrant 
attached  to  the  collector’s  book. 

662.  Final  settlement  for  local  taxes  before  return.] 

§ 167.  Each  town  and  district  collector  shall  make  final  set- 
tlement for  the  township,  district,  city,  village  and  town  taxes, 
charged  in  the  tax  books,  at  or  before  the  time  fixed  in  this  act 
for  paying  over  and  making  final  settlement  for  State  and  county 
taxes  collected  by  them.  In  such  settlements,  said  collectors 
shall  be  entitled  to  credit  for  the  amount  of  their  commis- 
sions on  the  amount  collected,  and  for  the  amount  uncollected 
on  the  tax  books,  as  may  be  determined  by  the  settlement  with 
the  county  collector. 

663.  Duplicate  receipts.]  § 168.  The  officer  to  whom  any 
such  moneys  may  be  paid,  under  the  preceding  sections,  shall 
deliver  to  the  collector  duplicate  receipts  therefor. 


224 


STATUTES  RELATING  TO  CITY. 


664.  City,  etc.,  may  buy  in  at  sale.]  § 3.  Any  incor- 
porated city,  town  or  village,  or  corporate  authorities,  com- 
missioners, or  persons  interested  in  any  such  special  assess- 
ment or  installment  thereof,  may  become  purchaser  at  any 
sale,  and  may  designate  and  appoint  some  officer  or  person  to 
attend  and  bid  at  such  sale  on  its  behalf. 

665.  Collectors  in  cities  or  incorporated  towns.]  § 38. 

In  counties  of  the  first  and  second  classes,  shall  receive  such 
fees  as  may  be  prescribed  by  the  common  council  or  board  of 
trustees  of  their  respective  cities  or  incorporated  towns,  not 
exceeding  in  any  case  two  per  cent,  of  the  amount  collected 
by  them.  [See  “Cities,  Villages  and  Towns,”  ch.  24,  § 86. 

666.  How  license  may  be  granted.]  § 1.  Be  it  enacted 

by  the  People  of  the  State  of  Illinois , represented  in  the  General 
Assembly,  That  hereafter  it  shall  not  be  lawful  for  the  corpo- 
rate authorities  of  any  city,  town  or  village  in  this  State,  to 
grant  a license  for  the  keeping  of  a dram-shop,  except  upon 
the  payment,  in  advance,  into  the  treasury  of  the  city,  town 
or  village  granting  the  license,  such  sum  as  may  be  deter- 
mined by  the  respective  authorities  of  such  city,  town  or  vil- 
lage, not  less  than  at  the  rate  of  five  hundred  dollars  ($500) 
per  annum:  Provided,  that  in  all  cases  when  a license  for 

the  sale  of  malt  liquors  only  is  granted,  the  city,  town  or  vil- 
lage granting,  such  license,  may  grant  the  same  on  the  pay- 
ment, in  advance,  of  the  sum  of  not  less  than  at  the  rate  of. 
one  hundred  and  fifty  dollars  ($150)  per  annum:  And,  pro- 

vided further , that  the  city  councils  in  cities,  the  board  of 
trustees  in  towns,  and  president  and  board  of  trustees  in  vil- 
lages, may  grant  permits  to  pharmacists  for  the  sale  of  liquors 
for  medicinal,  mechanical,  sacramental  and  chemical  purposes 
only,  under  such  restrictions  and  regulations  as  may  be  pro- 
vided by  ordinance. 

667.  Bond — how  taken — suit  on.]  § 5.  No  person  shall 
be  licensed  to  keep  a dram  shop,  or  to  sell  intoxicating  liquors* 
by  any  county  board,  or  the  authorities  of  any  city,  town  or 
village,  unless  he  shall  first  give  bond  in  the  penal  sum  of 
$3,000,  payable  to  the  People  of  the  State  of  Illinois,  with  at 
least  two  good  and  sufficient  sureties,  freeholders  of  the  county 


STATEMENTS  OF  COLLECTIONS — PAYMENTS. 


225 


in  which  the  license  is  to  be  granted,  to  be  approved  by  the  of- 
ficer who  may  be  authorized  to  issue  the  license,  conditioned 
that  he  will  pay  to  all  persons  all  damages  that  they  may  sus- 
tain, either  in  person  or  property,  or  means  of  support,  by  rea- 
son of  the  person  so  obtaining  a license  selling  or  giving  away 
intoxicating  liquors.  The  officer  taking  such  bond  may  ex- 
amine any  person  offered  as  security  upon  any  such  bond,  un- 
der oath,  and  require  him  to  subscribe  and  swear  to  his  state- 
ment in  regard  to  his  pecuniary  ability  to  become  such  se- 
curity. Any  bond  taken  pursuant  to  this  section  may  be  sued 
upon  for  the  use  of  any  person,  or  his  legal  representatives, 
who  may  be  injured  by  reason  of  the  selling  or  giving  away 
any  intoxicating  liquor  by  the  person  so  licensed,  or  by  his 
agent  or  servant. 

668.  Duty  of  officers.]  § 2.  It  shall  be  the  duty  of  every 
sheriff,  coroner,  constable,  and  every  marshal,  policeman,  or 
other  officer  of  any  incorporated  city,  town  or  village,  having 
the  power  of  a sheriff  or  constable,  when  any  criminal  offense 
or  breach  of  the  peace  is  committed  or  attempted  in  his  pres- 
ence, forthwith  to  apprehend  the  offender  and  bring  him  be- 
fore some  justice  of  the  peace,  to  be  dealt  with  according  to 
law ; to  suppress  all  riots  and  unlawful  assemblies,  and  to 
keep  the  peace,  and  without  delay  to  serve  and  execute  all  war- 
rants, writs,  precepts  and  other  process  to  him  lawfully  di- 
rected. [E.  S.  1845,  p.  328  § 88. 

OIL  INSPECTION. 

AN  ACT  to  revise  the  law  in  relation  to  oil  inspection.  [Approved  March  12, 

1874.  In  force  July  1,  1874.] 

669.  Appointment  of  inspectors — term  of  office — deputies.] 

§ 1.  The  judge  of  the  county  court  of  any  county  for  town- 
ships outside  of  incorporated  cities,  towns  and  villages,  the 
mayor  of  any  city,  with  the  approval  of  the  city  council  and 
the  board  of  trustees  of  any  village  or  town,  may,  and  on  the 
petition  of  any  five  inhabitants  thereof  shall,  appoint  one  or 
more  inspectors  for  the  inspection  of  coal  oil,  naphtha,  gaso- 
line, benzine,  and  other  mineral  oils  or  fluids,  the  product  of 
petroleum,  and  fix  their  compensation,  to  be  paid  by  the  party 
requiring  their  services.  Every  such  inspector  shall  hold  his 
office  for  one  year,  and  until  his  successor  is  appointed  and 


STATUTES  RELATING  TO  CITY. 


226 


qualified,  unless  sooner  removed  from  office.  He  may  ap- 
point deputies,  for  whom  he  shall  be  responsible,  and  who  shall 
take  the  same  oath  and  be  liable  to  the  same  penalties  as  the 
inspector.  [As  amended  by  act  approved  June  17,  1887.  In 
force  July  1,  1887.  L.  1887,  p.  242.  Legal  News  Ed.,  p.  180. 

670.  Oath — bond — suit  on.]  § 2.  Every  such  inspector, 

before  entering  upon  the  duties  of  his  office,  shall  take  and  sub- 
scribe the  following  oath : 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be),  that  I will  support  the 
Constitution  of  the  United  States,  and  the  Constitution  of  the  State  or  Illinois, 
and  that  I will  faithfully  discharge  the  duties  of  the  office  of  oil  inspector,  accord- 
ing to  the  best  of  my  ability. 

He  shall  also  execute  a bond  payable  to  the  people  of  the  State, 
in  such  sum  as  shall  be  required  by  the  county  judge,  city  council 
or  board  of  trustees,  with  one  or  more  sureties  to  be  approved 
by  the  county  judge,  mayor,  or  president  of  the  board  of  trus- 
tees, conditioned  for  the  faithful  discharge  of  the  duties  of  his 
office.  Any  person  aggrieved  by  the  misconduct  or  neglect  of 
such  inspector  may  maintain  [suit]  thereon  for  his  own  use. 
[As  amended  by  act  approved  June  17,  1887.  In  force  July 
1,  1887.  L.  1887,  p.  242.  Legal  News  Ed.,  p.  180. 

671.  Inspector  to  test.]  § 3.  Upon  the  application  of  any 
manufacturer,  refiner  or  producer  of,  or  any  dealer  in,  any  such 
oil  or  fluid,  or  of  any  officer  or  person  to  test  any  such  oil  or 
fluid,  such  inspector  shall  test  the  same  with  all  reasonable  dis- 
patch by  applying  the  fire  test,  as  indicated  and  determined 
by  J.  Tagliabue’s  pyrometer,  or  some  other  instrument  or  means 
equally  accurate,  with  which  he  shall  have  provided  himself 
at  his  own  expense.  [L.  1871-2,  p.  566,  § 2;  L.  1869,  p.  259, 

§ 2. 

672.  Test — casks  marked — inspector  not  to  trade  in  oil.] 

§ 4.  If  the  oils  or  fluids  so  tested  will  not  ignite  or  explode 
at  a temperature  less  than  one  hundred  and  fifty  degrees  Fahren- 
heit, the  inspector  shall  mark,  plainly  and  indelibly,  on  each 

cask,  barrel  or  package  “Approved,  fire  test  being but 

if  said  oils  or  fluids  will  ignite  at  a temperature  less  than  one 
hundred  and  fifty  degrees  Fahrenheit,  as  aforesaid,  then  the 
inspector  shall  mark  on  each  cask,  barrel  or  package  “Con- 
demned for  illuminating  purposes;  fire-test  being ” Said 


OIL  INSPECTION. 


227 


inspector,  while  in  office,  shall  not  buy,  sell,  bargain  or  trade, 
directly  or  indirectly,  in  any  of  the  said  oils  or  fluids.  [L. 
1871-2,  p.  5 66,  § 2;  L.  1869,  p.  259,  § 2. 

673.  Record  kept,  and  open  to  examination.]  § 5.  He 

shall  also,  within  twenty-four  hours  after  making  any  inspec- 
tion, make  a full  and  fair  entry  thereof  in  a record  book  to  be 
kept  for  that  purpose,  which  shall  be  open  to  all  persons  wishing 
to  examine  the  same.  [L.  1871-2,  p.  566,  § 2 ; L.  1869,  p.  259, 
§ 2. 

674.  Penalty  for  misconduct  in  office.]  § 6.  Any  such 
inspector  or  deputy  who  shall  falsely  brand  any  package,  cask 
or  barrel,  or  be  guilty  of  any  fraud,  deceit,  misconduct  or  cul- 
pable negligence  in  the  performance  of  any  of  his  official  duties, 
shall  be  fined  not  exceeding  $200,  and  be  liable  to  the  party 
injured  for  all  damages  occasioned  thereby.  [L.  1871-2>  p. 
566,  § 2;  L.  1869,  p.  259,  § 2. 

675.  Penalty  for  neglect  to  give  notice  of,  or  selling  oil 
not  inspected — counterfeit  brands,  etc.]  § 7.  Any  manu* 
facturer,  refiner  or  producer  of,  or  any  dealer  in  coal  oil,  naphtha, 
gasoline,  benzine,  or  other  mineral  oil  or  fluid,  the  product  of 
petroleum,  in  any  city,  village  or  town  in  which  such  inspector 
is  appointed,  who  shall  neglect  to  give  notice  to  such  inspector, 
of  any  such  oil  or  fluid  in  his  possession  not  already  inspected 
by  some  authorized  inspector  of  this  state,  within  two  days  after 
the  same  is  made  or  refined  by  him  or  received  into  his  posses- 
sion, or  shall  offer  any  such  oil  or  fluid  for  sale  before  the  same 
has  been  so  inspected,  or  shall  sell  or  attempt  to  sell  to  any 
person,  for  illuminating  purposes,  any  such  oil  which  is  below 
the  approved  standard — that  is,  having  igniting  point  less  than 
one  hundred  and  fifty  degrees  Fahrenheit,  as  indicated  and 
determined  in  the  manner  herein  provided,  or  shall  use  any 
package,  cask,  barrel  or  other  thing  having  the  inspection  brand 
thereon,  the  oil  or  fluid  therein  not  having  been  inspected,  or 
shall  counterfeit  any  brand,  shall  be  fined  not  exceeding  $200 
and  be  liable  to  the  party  injured  for  all  damages  occasioned 
thereby,  and  all  the  casks,  barrels  or  packages  so  falsely  used, 
and  their  contents,  shall  be  forfeited,  and  may  be  seized  and 
sold.  [L.  1871-2,  p.  567,  § 3,  4;  L.  1869,  p.  260.§  3,  4. 


228 


STATUTES  RELATING  TO  CITY. 


676.  Fines,  how  recovered  and  disposed  of.]  § 8.  The 

fines  herein  provided  may  be  recovered  in  the  name  of  the  Peo- 
ple of  the  State  of  Illinois,  before  any  justice  of  the  peace  of 
the  county  where  the  offense  is  committed,  and  when  collected, 
one-half  shall  be  paid  to  the  informer,  and  the  other  half  and 
the  proceeds  of  the  sale  of  all  casks,  barrels  and  packages,  and 
the  contents  thereof  seized,  as  herein  provided,  shall  be  paid 
into  the  city,  village  or  town  treasury.  [L.  1871-2,  p.  567,  § 4; 
p.  568,  § 6;  L.  1869,  p.  260,  § 4;  p.  261,  § 6. 


LIBRARIES. 

OF  CITIES,  VILLAGES,  TOWNS  AND  TOWNSHIPS. 

AN  ACT  to  authorize  cities,  incorporated  towns  and  townships  to  establish  and 
maintain  free  public  libraries  and  reading  rooms.  [Approved  and  in  force 
March  7,  1872.  L.  1871-2,  p.  609.] 

677.  Establishment  by  city — tax — fund,  etc.]  § 1.  That 

the  city  council  of  each  incorporated  city,  whether  organized 
under  general  law  or  special  charter,  shall  have  power  to  es- 
tablish and  maintain  a public  • library  and  reading  room  for 
the  use  and  benefit  of  the  inhabitants  of  such  city,  and  may 
levy  a tax  of  not  to  exceed  two  mills  on  the  dollar  annually  on 
all  the  taxable  property  in  the  city:  Provided , that  in  cities 

of  over  one  hundred  thousand  , inhabitants,  after  the  year 
1896,  such  tax  shall  not  exceed  one  mill  on  the  dollar  annually, 
such  tax  to  be  levied  and  collected  in  like  manner  with  the  gen- 
eral taxes  of  said  city,  and  to  be  known  as  a library  fund : Pro- 

vided, that  said  annual  library  tax  in  cities  of  over  two  thousand 
inhabitants  .shall  not  be  included  in  the  aggregate  amount  of 
taxes  as  limited  by  section  one  (1)  of  article  eight  (8)  of  “An 
act  for  the  incorporation  of  cities  and  villages,”  approved  April 
10,  1872,  and  the  amendatory  acts  thereto,  or  by  any  provision 
of  any  special  charter  under  which  any  city  in  this  State  is  now 
organized. 

Approved  May  10,  1901. 

678.  Directors.]  § 2.  When  any  city  council  shall  have 
decided  to  establish  and  maintain  a public  library  and  reading 
room,  under  this  act  the  mayor  of  such  city  shall,  with  the  ap- 
proval of  the  city  council,  proceed  to  appoint  a board  of  nine 
directors  for  the  same,  chosen  from  the  citizens  at  large  with 
reference  to  their  fitness  for  such  office;  and  not  more  than  one 


LIBRARIES. 


229 


member  of  the  city  council  shall  be  at  any  one  time  a member 
of  said  board. 

679.  Term  of  office — removal.]  § 3.  Said  directors  shall 
hold  office  one-third  for  one  year,  one-third  for  two  years,  and 
one- third  for  three  years,  from  the  first  of  July  following 
their  appointment,  and  at  their  first  regular  meeting  shall 
cast  lots  for  the  respective  terms;  and  annually  thereafter  the 
mayor  shall,  before  the  first  of  July  of  each  year,  appoint  as 
before  three  directors,  to  take  the  place  of  the  retiring  direc- 
tors who  shall  hold  office  for  three  years,  and  until  their  suc- 
cessors are  appointed.  The  mayor  may  by  and  with  the  con- 
sent of  the  city  council,  remove  any  director  for  misconduct  or 
neglect  of  duty. 

680.  Vacancies — compensation.]  § 4.  Vacancies  in  the 
board  of  directors,  occasioned  by  removals,  resignation,  or 
otherwise,  shall  be  reported  to  the  city  council,  and  be  filled  in 
like  manner  as  original  appointments,  and  no  director  shall 
receive  compensation  as  such. 

681.  Organization — powers  of  directors — funds.]  § 5. 

Said  directors  shall,  immediately  after  appointment,  meet  and 
organize  by  the  election  of  one  of  their  number  president,  and 
by  the  election  of  such  other  officers  as  they  may  deem  neces- 
sary. They  shall  make  and  adopt  such  by-laws,  rules  and  reg- 
ulations for  their  own  guidance  and  for  the  government  of  the 
library  and  reading-room  as  may  be  expedient,  not  inconsis- 
tent with  this  act.  They  shall  have  the  exclusive  control  of 
the  expenditure  of  all  moneys  collected  to  the  credit  of  the 
library  fund,  and  of  the  construction  of  any  library  buildings 
and  of  the  supervision,  care  and  custody  of  the  grounds,  rooms 
or  buildings  constructed,  leased,  or  set  apart  for  that  purpose : 
Provided , that  all  moneys  received  for  such  library  shall  be 
deposited  in  the  treasury  of  said  city  to  the  credit  of  the  library 
fund,  and  shall  be  kept  separate  and  apart  from  other  mon- 
eys of  such  city,  and  drawn  upon  by  the  proper  officers  of  said 
city,  upon  the  properly  authenticated  vouchers  of  the  library 
board.  Said  board  shall  have  power  to  purchase  or  lease 
grounds  to  occupy,  lease  or  erect  an  appropriate  building  or 
buildings  for  the  use  of  said  library;  shall  have  power  to  ap- 


230 


ST.VJTTKS  It  ELATING  TO  CITY. 


point  a suitable  librarian  and  necessary  assistants,  and  fix  their 
compensation,  and  shall  also  have  power  to  remove  such  ap- 
pointees; and  shall,  in  general,  carry  Out  the  spirit  and  intent 
of  this  act,  in  establishing  and  maintaining  a public  librar}’ 
and  reading-room. 

682.  Who  may  use  library.]  § 6.  Every  library  and 
reading-room,  established  under  this  act,  shall  be  forever  free 
to  the  use  of  the  inhabitants  of  the  city  where  located,  always 
subject  to  such  reasonable  rules  and  regulations  as  the  library 
board  may  adopt,  in  order  to  render  the  use  of  said  library 
and  reading-room  of  the  greatest  benefit  to  the  greatest  num- 
ber; and  said  board  may  exclude  from  the  use  of  said  library 
and  reading-room  any  and  all  persons  who  shall  willfully  violate' 
such  rules.  And  said  board  may  extend  the  privileges  and 
use  of  such  library  and  reading-room  to  persons  residing  out- 
side of  such  city  in  this  State,  upon  such  terms  and  conditions 
as  said  board  may  from  time  to  time  by  its  regulations  pre- 
scribe. [As  amended  by  act  approved  March  27,  1874.  In 
force  July  1,  1874. 

683.  Report  of  directors.]  § 7.  The  said  board  of  direc- 
tors shall  make,  on  or  before  the  second  Monday  in  June,  an 
annual  report  to  the  city  council,  stating  the  condition  of 
their  trust  on  the  first  day  of  June  of  that  year,  the  various 
sums  of  money  received  from  the  library  fund  and  from  other 
sources,  and  how  such  moneys  have  been  expended,  and 
for  what  purposes;  the  number  of  books  and  periodicals  on 
hand,  the  number  added  by  purchase,  gift,  or  otherwise,  dur- 
ing the  year;  the  number  lost  or  missing;  the  number  of  visi- 
tors attending;  the  number  of  books  loaned  out,  and  the  gen- 
eral character  and  kind  of  such  books;  with  such  other  sta- 
tistics, information  and  suggestions  as  they  may  deem  of  gen- 
eral interest.  All  such  portions  of  said  report  as  relate  to  the 
receipt  and  expenditure  of  money,  as  well  [as]  the  number  of 
books  on  hand,  books  lost  or  missing,  and  books  purchased, 
shall  be  verified  by  affidavit. 

684.  Penalties.]  § 8.  The  city  council  of  said  city  shall 
have  power  to  pass  ordinances  imposing  suitable  penalties  for 
the  punishment  of  persons  committing  injury  upon  such  library 


LIBRARIES. 


231 


or  the  grounds  or  other  property  thereof,  and  for  injury  to  or 
failure  to  return  any  book  belonging  to  such  library. 

685.  Donations.]  § 9.  Any  person  desiring  to  make 
donations  of  money,  personal  property  or  real  estate  for  the 
benefit  of  such  library,  shall  have  the  right  to  vest  the  title 
to  the  money  or  real  estate  so  donated  in  the  board  of  direc- 
tors created  under  this  act,  to  be  held  and  controlled  by  such 
board,  when  accepted,  according  to  the  terms  of  the  deed,  gift, 
devise  or  bequest  of  such  property;  and  as  to  such  property  the 
said  board  shall  be  held  and  considered  to  be  special  trustees. 

686.  Powers  of  villages,  towns  and  townships.]  § 10. 

When  fifty  legal  voters  of  any  incorporated  town,  village  or 
township  shall  present  a petition  to  the  clerk  of  the  town,  vil- 
lage or  township  (or  trustee  of  schools  in  counties  not  under 
township  organization),  asking  that  an  annual  tax  may  be 
levied  for  the  establishment  and  maintenance  of  a free  pub- 
lic library  in  such  town  or  township,  and  shall  specify,  in 
their  petition,  a rate  of  taxation  not  to  exceed  two  mills  on  the 
dollar,  such  clerk  (or  trustee  of  schools  in  counties  not  un- 
der township  organization)  shall,  in  the  next  legal  notice  of 
the  regular  annual  election  in  such  town  or  township,  give 

notice  that  at  such  election  every  elector  may  vote  “For  a 

mill  tax  for  a free  public  library,”  or  “Against  a mill  tax 

for  a free  public  library,”  specifying  in  such  notice  the  rate 
of  taxation  mentioned  in  said  petition;  and  if  the  majority 
of  all  the  votes  cast  in  such  town,  village  or  township  shall 
be  “For  the  tax  for  the  free  public  library,”  the  tax  speci- 
fied in  such  notice  shall  be  levied  and  collected  in  like  manner 
with  other  general  taxes  of  said  town  or  township,  and  shall  be 
known  as  the  “Library  Fund” : Provided , that  such  tax  shall 

cease  in  case  the  legal  voters  of  any  such  town,  village  or  town- 
ship shall  so  determine  by  a majority  vote,  at  any  annual 
election  held  therein;  and  the  corporate  authorities  of  such 
towns  or  villages  may  exercise  the  same  powers  conferred  upon^ 
the  corporate  authorities  of  cities  under  this  act. 

687.  Directors  in  villages,  etc.]  §11.  At  the  next  regu- 
lar election  after  any  town,  village  or  township  shall  have 
voted  to  establish  a free  public  library,  there  shall  be  elected 


STATUTES  RELATING  TO  CITY. 


232 

a library  board  of  six  directors,  one-third  for  one  year,  one- 
third  for  two  years,  one-third  for  three  years,  and  annually 
thereafter  there  shall  be  elected  two  directors,  who  shall  hold 
their  office  for  three  years  and  until  their  successors  are  elected 
and  qualified ; which  board  shall  have  the  same  powers  as  are 
by  this  act  conferred  upon  the  board  of  directors  of  free  pub-  , 
lie  libraries  in  cities. 

688.  Emergency.  ] § 12.  Whereas,  all  the  libraries  of 

Chicago  were  destroyed  by  the  recent  fire  in  that  city,  and 
large  donations  of  books  have  been  made  to  found  a free  li- 
brary, and  whereas  no  suitable  building  or  organization  ex- 
ists to  receive  or  preserve  them,  therefore  an  emergency  exists 
that  this  law  shall  take  effect  immediately;  therefore  this  act 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 

689.  Erection  of  building — plans — cost.]  § 13.  When- 
ever any  board  of  directors  of  any  public  library,  organized  un- 
der the  provisions  of  the  act  to  which  this  is  an  amendment, 
shall  determine  to  erect  a building  to  be  used  for. their  li- 
brary, or  to  purchase  a site  for  the  same,  or  both,  or  to  ac- 
cumulate a fund  for  the  erection  of  such  building,  or  to  pay 
for  a library  site,  or  both,  they  may  do  as  follows : 

The  directors  shall  cause  a plan  for  such  building  to  be  pre- 
pared and  an  estimate  to  be  made  of  its  cost,  or  if  for  the  pur- 
chase of  a site,  an  estimate  of  its  cost;  they  may  then  deter- 
mine the  time  or  years  over  which  they  will  spread  the  collec- 
tion of  the  cost  of  said  building  of  site,  or  both,  not  exceeding 
twenty  (20)  years,  and  shall  make  a record  of  their  said  pro- 
ceedings and  transmit  a copy  thereof  to  the  city  council  for  its 
approval. 

If  the  council  shall  approve  the  action  of  the  board,  the 
board  shall  divide  the  total  cost  of  said  building  or  site,  or  both, 
into  as  many  parts  as  they  shall  determine  to  spread  the  cost 
of  the  collection  thereof,  and  shall  certify  the  amount  of  one 
of  said  parts  to  the  city  council  each  and  every  year  during  the 
time  or  term  over  which  they  shall  have  determined  to  spread 
the  collection  of  the  cost  of  said  building,  or  site,  or  both. 

The  city  council  on  receiving  the  said  last  mentioned  cer- 
tificate shall  in  its  next  annual  appropriation  bill  include  the 


LIBRARIES. 


233 


amount  so  certified,  and  shall  levy  and  collect  a tax  to  pay  the 
same  with  the  other  general  taxes  of  the  city:  Provided,  the 

said  levy  shall  not  exceed  five  (5)  mills  on  the  dollar  in  any 
one  year  and  shall  not  be  levied  oftener  than  for  the  number 
of  years  into  which  the  library  board  shall  have  divided  the 
costs  of  said  building,  or  site,  or  both;  and  when  said  sum 
herein  mentioned  shall  have  been  collected  the  said  tax  shall 
cease.  [As  amended  by  act  approved  and  in  force  March  30, 
1901. 

690.  Duty  of  board — erection  of  building — investment  of 
funds.]  § 14.  The  library  board  shall  determine  when  they 
will  proceed  with  the  construction  of  the  building;  they  may 
proceed  at  once  or  may  determine  to  wait  and  allow  the  fund 
to  accumulate,  but  shall  not  delay  construction  of  said  build- 
ing longer  than  for  the  collection  of  said  fund.  If  they  shall 
determine  to  wait,  they  shall  certify  their  action  to  the  city 
council  and  said  city  council  shall  invest  said  money  in  good 
interest  paying  securities,  there  to  remain  until  the  same  is 
needed  for  the  construction  of  the  building  under  the  pro- 
visions of  this  act.  [Added  by  act  approved  June  19,  1891. 
In  force  July  1,  1891.  L.  1891,  p.  155. 

691.  How  contract  to  be  let.]  § 15.  When  the  directors 

shall  determine  to  commence  the  construction  of  the  building 
they  may  then  revise  the  plan  therefor  or  adopt  a new  plan 
and  provide  estimates  of  the  costs  thereof,  and  shall  adver- 
tise for  bids  for  the  construction  of  said  building  and  shall  let 
the  contract  to  the  lowest  and  best  responsible  bidder,  and  may 
require  from  such  bidder  securities  for  the  performance  of  his 
bid  as  the  board  shall  determine : Provided , the  said  direc- 

tors may  let  the  contract  for  one  part  of  said  building  to  one 
bidder,  and  for  another  part  to  another  bidder  as  they  shall 
determine:  And  provided,  further,  the  board  of  directors 

shall  not  in  any  new  plan  increase  the  per  cent  of  the  tax  levy 
hereunder,  without  the  approval  of  the  city  council.  [Added 
by  act  approved  June  19,  1891.  In  force  July  1,  1891.  L. 
1891,  p.  155. 

692.  May  rent  portion — borrow  money — tax  levy.]  § 16. 

If  the  board  of  directors  shall  think  best,  they  may  construct 
the  building  so  that  a portion  thereof  may  be  rented,  and  may 


234 


STATUTES  RELATING  TO  CITY. 


at  an}'  time  during  the  construction  thereof  borrow  money 
and  execute  a mortgage  on  the  lot  and  building  not  exceed- 
ing one-half  the  value  thereof,  and  the  money  so  obtained 
shall  be  used  exclusively  in  the  completion  of  said  building. 
The  levy  of  a tax  hereunder  shall  not  be  included  in  the  ag- 
gregate amount  of  taxes  as  limited  by  section  one  (1)  of  article 
eight  (8)  of  “An  act  for  the  incorporation  of  cities  and  vil- 
lages,” approved  April  10,  1872,  and  amendatory  acts  thereto, 
nor  shall  it  affect  any  appropriation  made,  or  to  be  made,  for 
the  support  of  the  library.  This  act  shall  not  apply  to  any  city 
in  this  State  having  over  one  hundred  thousand  inhabitants. 

Approved  May  10,  1901. 

AN  ACT  to  enable  library  associations  to  sell  and  transfer  their  real  and  personal 

property.  [Approved  March  24,  1874.  In  force  July  1,1874.] 

693.  Library  associations  may  sell,  etc.,  to  public  libraries 
— meeting — notice.]  § 1.  Be  it  enacted%by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly,  That 
whenever  any  library  association  organized  under  any  law  of 
this  State,  and  owning  any  real  or  personal  property  in  this 
State,  shall  desire  to  sell  or  lease  the  same,  or  any  part  thereof, 
absolutely  or  with  conditions,,  to  the  board  of  directors  of  any 
free  public  library,  organized  under  the  laws  of  this  State, 
such  sale  or  lease  may  be  made  in  the  manner  following,  viz: 
the  directors  of  such  association  shall  call  a meeting  of  all  the 
members,  subscribers  or  stockholders  thereof,  to  be  held  at 
the  rooms  of  said  library  or  office  of  the  secretary  of  such  as- 
sociation, written  or  printed  notice  of  the  time,  place  and 
object  of  such  meeting,  and  of  the  terms  and  conditions  of  the 
proposed  sale  or  lease  being  first  mailed,  at  least  thirty  (30) 
days  prior  to  the  time  of  such  meeting,  to  the  address  of  each 
member,  subscriber  or  stockholder  whose  place  of  residence 
is  known  to  any  of  the  officers  or  directors  of  such  associa- 
tion, and  by  publishing  such  notice  for  at  least  thirty  (30)  con- 
secutive days  next  preceding  the  time  of  such  meeting,  in  some 
newspaper  published  and  of  general  circulation  in  the  county 
where  the  property  of  said  association  is  situate. 

694.  Vote — manner  of  making  conveyance,  etc.]  § 2.  If 

the  members,  subscribers  or  stockholders  representing  the  ma- 
jority in  amount  of  the  stock  of  such  association,  shall  vote. 


INCORPORATION  OP  LIBRARIES. 


235 


at  such  meeting,  in  favor  of  such  sale  or  lease  upon  the  terms 
or  conditions  speciiied  in  such  notice,  or,  in  case  said  asso- 
ciation shall  consist  of  two  or  more  departments,  if  a majority 
of  the  members,  subscribers,  or  stockholders  of  each  depart- 
ment shall  vote  at  such  meeting  in  favor  of  such  sale  or  lease 
so  specified,  then  the  president  and  secretary  shall  cause  a 
record  of  the  proceedings  of  such  meeting,  verified  by  the  oath 
•of  the  president  thereof,  together  with  an  affidavit  of  the  ser- 
vice or  publication  of  notice  as  herein  required,  to  be  filed  in 
the  office  of  the  clerk  of  the  circuit  court  of  the  county  where 
the  property  of  such  association  is  situate;  after  which  the 
president  and  secretary  of  the  said  association  shall  be  and 
are  hereby  authorized  and  empowered  to  execute  any  and  all 
necessary  deeds,  leases,  bills  of  sale,  or  other  instruments  in 
writing,  to  carry  out  the  object  and  intent  of  said  vote;  which, 
when  duly  executed,  shall  be  sufficient  to  pass  to  the  board  of 
directors  of  such  free  public  library  all  the  legal  and  equitable 
title  of  said  associations  in  and  to  the  real  or  personal  prop- 
erty in  said  instrument  described  as  therein  set  forth. 

INCORPORATION  OP  FREE  PUBLIC  LIBRARIES. 

AN  ACT  to  encourage  and  promote  the  establishment  of  free  public  libraries  in 

cities,  villages  and  towns  of  this  State.  [Approved  June  17,  1891.  In  force 

July  1,  1891.  L.  1891,  p.  154. 

695.  Trustees  may  form  corporation  to  establish.]  § 1. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly,  That  whenever  property,  real  or  per- 
sonal, has  heretofore  been  or  shall  hereafter  be  devised  or  be- 
queathed by  last  will  and  testament,  or  granted,  conveyed  or 
donated  by  deed  or  other  instrument,  to  trustees  to  be  applied 
b}7-  them  to  the  foundation  and  establishment  in  any  of  the 
eities,  villages  and  towns  of  this  State  of  a free  public  library, 
it  shall  be  lawful,  when  not  otherwise  provided  in  said  will 
or  other  instrument  of  gift,  for  the  acting  trustees  in  any  such 
ease,  in  order  to  promote  the  better  establishment,  mainten- 
ance and  management  of  such  library,  to  cause  to  be  formed 
a corporation  under  the  provisions  of  this  act,  with  the  rights, 
powers  and  privileges  hereinafter  provided  for. 

696.  Corporation — how  formed.]  § 2.  Such  acting  trus- 
tees may  make,  sign  and  acknowledge  before  any  officer  au- 


236 


STATUTES  It  ELATING  TO  CITY. 


thorized  to  take  acknowledgments  of  deeds  in  this  State,  and 
file  in  the  office  of  the  Secretary  of  State  a statement  in  writ- 
ing, in  which  shall  be  set  forth  the  intent  of  such  trustees  to 
form  a corporation  under  this  act;  a copy  of  the  will  or  other 
instrument  by  w'liich  endowment  of  said  library  has  been  pro- 
vided; the  name  adopted  for  the  proposed  corporation  (which 
shall  not  be  the  name  of  any  other  corporation  already  exist- 
ing) ; the  city,  village  or  town  in  which  the  library  and  the 
principal  place  of  business  of  the  corporation  will  be  located; 
the  number^  of  managers  who  may  be  denominated  trustees, 
managers  or  directors  of  the  corporation;  and  the  names  of 
the  trustees,  managers  or  directors  who  are  to  constitute  the 
original  board  of  such  officers,  and  who  shall  hold  until  their 
successors  respectively  are  elected  and  qualified,  as  in  this  act 
provided. 

697.  Perfecting  organization — corporate  purposes.]  § 3. 

Upon  the  filing  in  his  office  of  such  a statement  as  aforesaid 
the  Secretary  of  State  shall  issue  to  the  incorporators,  under 
his  hand  and  seal  of  State,  a certificate  of  which  the  aforesaid 
statement  shall  be  a part,  declaring  that  the  organization  of  the 
corporation  is  perfected.  The  incorporators  shall  thereupon 
cause  such  certificate  to  be  recorded  in  a proper  record  book  for 
the  purpose  in  the  office  of  the  recorder  of  deeds  of  the  county 
in  which  the  said  library  is  to  be  located;  and  thereupon  the 
corporation  shall  be  deemed  fully  organized  and  may  proceed 
to  carry  out  its  corporate  purposes,  and  may  receive  by  con- 
veyance, from  the  trustees  under  said  will,  deed  or  other  in- 
strument of  donation,  the  property  provided  by  will  or  other- 
wise as  aforesaid  for  the  endowment  of  said  library,  and  may 
hold  the  same  in  whatever  form  it  may  have  been  received  or 
conveyed  by  said  trustees  until  such  form  shall  be  changed  by 
the  action  of  the  said  corporation. 

698.  Powers  of  corporation — who  members — property — taxa- 
tion.] § 4.  Organizations  formed  under  this  act  shall  be 
bodies  corporate  and  politic  to  be  known  under  the  names 
stated  in  the  respective  certificates  or  articles  of  incorporation; 
and  by  such  corporate  names  they  shall  have  and  possess  the 
ordinary  rights  and  incidents  of  corporations,  and  shall  be 
capable  of  taking,  holding  and  disposing  of  real  and  personal 


INCORPORATION  OF  LIBRARIES. 


237 


estate  for  all  purposes  of  their  organization.  The  provisions 
of  any  will,  deed  or  other  instrument  by  which  endowment  is 
given  to  said  library  and  accepted  by  said  trustees,  managers 
or  directors  shall,  as  to  such  endowment,  be  a part  of  the  or- 
ganic and  fundamental  law  of  such  corporation. 

The  trustees,  managers  or  directors  of  any  such  corporation 
shall  compose  its  members,  and  shall  not  be  less  than  seven 
nor  more  than  fifteen  in  number;  shall  elect  the  officers  of  the 
corporation  from  their  number;  and  shall  have  control  and 
management  of  its  affairs  and  property;  may  accept  donations, 
and  in  their  discretion  hold  the  same  in  the  form  in  which  they 
are  given,  for  all  purposes  of  science,  literature  and  art  ger- 
mane to  the  object  and  purpose  of  said  corporation.  They 
may  fill  by  election,  subject  to  the  approval  of  the  chief  jus- 
tice, for  the  time  being,  of  the  Supreme  Court  of  Illinois, 
vacancies  occurring  in  their  own  number  by  death,  incapacity, 
retirement  or  otherwise,  and  may  make  lawful  by-laws  for  the 
management  of  the  corporation  and  of  the  library,  which  by- 
laws shall  set  forth  what  officers  there  shall  be  of  the  corpora- 
tion, and  shall  define  and  prescribe  their  respective  duties. 
They  may  appoint  and  employ  from  time  to  time  such  agents 
and  employes  as  they  may  deem  necessary  for  the  efficient  admin- 
istration and  conduct  of  the  library  and  other  affairs  of  the 
corporation.  Whenever  any  trustee,  manager  or  director  shall 
be  elected  to  fill  any  vacancy,  a certificate  under  the  seal  of  the 
corporation,  giving  the  name  of  the  person  elected,  shall  be 
recorded  in  the  office  of  the  recorder  of  deeds  where  the  arti- 
cles of  incorporation  are  recorded. 

Whenever,  by  the  provisions  of  such  will,  deed  or  other  in- 
strument by  which  endowment  is  created,  the  institution  en- 
dowed is  declared  to  be  and  is  free  and  public,  the  library  and 
other  property  of  such  corporation  shall  be  forever  exempt  from 
taxation. 

The  trustees,  managers  or  directors  of  such  corporation  shall, 
in  the  month  of  January  in  each  year,  cause  to  be  made  a re- 
port to  the  Governor  of  the  State  for  the  year  ending  on  the 
thirty-first  day  of  December,  preceding,  of  the  condition  of  the 
library  and  of  the  funds  and  other  property  of  the  corporation 
showing  the  assets  and  investments  of  such  corporation  in  detail. 


238 


STATUTES  RELATING  TO  CITY. 


699.  Records,  etc.,  of  cities,  etc. — how  certified.]  § 14. 

The  papers,  entries,  records  and  ordinances,  or  parts  thereof, 
of  any  city,  village,  town  or  county,  may  be  proved  by  a copy 
thereof,  certified  under  the  hand  of  the  clerk  or  the  keeper 
thereof,  and  the  corporate  seal,  if  there  be  *any ; if  not,  under 
his  hand  and  private  seal.  [See  “Cities,”  etc.,  ch.  24,  § 65. 
R.  S.  1845,  p.  233,  § 9.  City  of  Alton  v.  Hartford  F.  Ins.  Co., 
72  111.,  328. 

700.  Location  of  road — consent — notice — damages.]  § 3. 

No  such  company  shall  have  the  right  to  locate  or  construct 
its  road  upon  or  along  any  street  or  alley,  or  over  any  public 
ground  in  any  incorporated  city,  town  or  village,  without  the 
consent  of  the  corporate  authorities  of  such  city,  town  or  vil- 
lage nor  upon  or  along  any  road  or  highway,  or  upon  any 
public  ground  without  any  incorporated  city,  town  or  village, 
except  upon  the  consent  of  the  county  board.  Such  consent 
may  be  granted  for  any  period,  not  longer  than  twenty  years, 
on  the  petition  of  the  company,  upon  such  terms  and  conditions, 
not  inconsistent  with  the  provisions  of  this  act,  as  such  cor- 
porate authorities  or  county  board,  as  the  case  may  be,  shall 
deem  for  the  best  interests  of  the  public:  Provided , no  such 

consent  shall  be  granted  unless  at  least  ten  days’  public  notice 
of  the  time  and  place  of  presenting  such  petition  shall  have 
first  been  given  by  publication  in  some  newspaper  published 
in  the  city  or  county  where  such  road  is  to  be  constructed,  and 
except  upon  the  condition  that  the  company  will  pay  all  dam- 
ages to  owners  of  property  abutting  upon  the  street,  alley,  road, 
highway  or  public  ground  upon  or  over  which  such  road  is  to 
be  constructed,  which  .they  may  sustain  by  reason  of  the  loca- 
tion or  construction  of  the  road;  the  same  to  be  ascertained  and 
paid  in  the  manner  provided  by  law  for  the  exercise  of  the 
right  of  eminent  domain. 

701.  Township  organization  continued  for  park  purposes.] 

§ 1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , rep- 
resented in  the  General  Assembly,  That  where  a town  exist- 
ing under  township  organization,  and  being  also  one  of  two 
or  more  towns  for  park  purposes  and  whose  commissioners  are 
corporate  authorities  thereof,  duly  authorized  to  levy  taxes 
and  assessments  for  park  purposes,  shall,  by  the  order  and  de- 


CORPORATE  AUTHORITIES — PROCURING  LANDS. 


239 


termination  of  the  county  board  be  annexed  to  or  consolidated 
with  another  town  or  towns  as  authorized  by  the  law  concern- 
ing township  organization,  such  town  shall,  for  such  park 
purposes,  remain  and  continue,  and  the  corporate  authorities 
aforesaid  shall  be  continued  with  all  their  powers,  duties  and 
obligations,  and  all  taxes  and  assessments  for  park  purposes, 
shall  be  levied,  extended  and  collected  with  like  force  and  ef- 
fect as  if  such  annexation  and  consolidation  had  not  taken 
place. 

702.  When  such  parks  pass  from  control  of  park  board.] 

§3.  In  case  any  such  parks  so  to  be  taken  shall  pass  from  the 
control  of  any  such  park  board,  the  power  and  authority  over 
the  same,  granted  or  authorized  by  this  act,  shall  revert  to 
the  proper  authorities  of  such  city,  town  or  village,  as  the  case 
may  be,  as  aforesaid. 

703.  Power  of  city  or  village.]  § 4.  Any  city,  town  or 
village  in  this  State,  shall  have  full  power  and  authority  to 
vest  any  such  board  of  public  park  commissioners  with  the 
right  to  control,  improve  and  maintain  any  such  park  within 
the  district  over  which  such  board  of  park  commissioners  has 
jurisdiction  for  the  purposes  of  carrying  but  the  provisions  of 
this  act,  in  accordance  with  its  intent. 

CORPORATE  AUTHORITIES— COSTS  OF  PROCURING 

LANDS. 

AN  ACT  to  autJiorize  the  corporate  authorities  of  town  having  an  indebtedness 
heretofore  created,  to  pay  the  cost  of  procuring  lands  for  public  parks  in  such 
towns,  to  issue  and  sell  bonds  to  pay  and  refund  such  indebtedness.  [Ap- 
proved June  14, 1887.  In  force  July  1,1887.  L.  1887,  p.  243. 

704  Lands  for  public  parks — authority  of  corporate  au- 
thorities to  issue  bonds  to  pay  indebtedness.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly,  That  in  any  town  which  is  now  included 
within  the  limits  of  any  city  of  this  State  in  which  a board 
of  park  commissioners  shall  now  exist,  having  authority  by 
law  to  acquire  land  and  the  appurtenances  in  trust  for  the 
inhabitants  of  such  town,  and  of  a division  or  part  of  such 
city,  and  for  such  parties  or  persons  as  may  succeed  to  the 
rights  of  such  inhabitants,  and  for  the  public  as  a public  prom- 
enade and  pleasure  grounds  and  ways,  but  not  for  any  other 


240  STATUTES  RELATING  TO  CITY. 

purpose,  without  the  consent  of  a majority,  by  frontage,  of 
the  owners  of  the  property  fronting  the  same,  and  without  the 
power  to  sell,  alienate,  mortgage  or  encumber  the  same,  in 
which  town  there  shall  exist,  at  the  time  of  the  passage  of  this 
act,  an  indebtedness  incurred  for  the  purpose  of  paying  the 
portion  found  payable  by  the  public,  of  the  cost  of  the  land 
acquired  for  such  parks  and  boulevards,  pleasure  grounds  and 
ways,  the  corporate  authorities  of  such  town,  meaning  the  town 
supervisor,  clerk  and  assessor  thereof,  shall  have  authority 
and  are  hereby  empowered  to  issue  bonds  for  and  on  behalf  of 
said  town,  to  an  amount  not  exceeding  in  the  aggregate  of 
principal,  six  hundred  thousand  dollars  ($600,000)  which, 
taken  with  and  including  existing  indebtedness  of  said  town, 
shall  not,  in  the  aggregate,  exceed  five  per  centum  of  the  value 
of  the  taxable  property  therein,  to  be  ascertained  by  the  last 
assessment  for  State  and  county  taxes  previous  to  the  issue 
from  time  to  time  of  said  bonds,  for  the  purpose  of  funding 
and  paying  any  bonds  heretofore  issued  and  sold  by  such  park 
commissioners  to  raise  money  to  pay  the  portion  found  payable 
by  the  public,  of  the  cost  of  procuring  the  lands  selected  by 
such  park  commissioners  for  public  parks  and  boulevards  in 
such  town. 

705.  Speed  through  cities,  etc. — damages.]  § 24.  When- 
ever any  railroad  corporation  shall  by  itself  or  agents,  run  any 
train,  locomotive  engine,  or  car,  at  a greater  rate  of  speed  in 
or  through  the  incorporated  limits  of  any  city,  town  or  village, 
than  is  permitted  by  any  ordinance  of  such  city,  town  or  vil- 
lage, such  corporation  shall  be  liable  to  the  person  aggrieved 
for  all  damages  done  the  person  or  property  by  such  train, 
locomotive  engine  or  car;  and  the  same  shall  be  presumed  to 
have  been  done  by  the  negligence  of  said  corporation  or  their 
agents  : and  in  addition  to  such  penalties  as  may  be  provided 
by  such  city,  town  or  village,  the  person  aggrieved  by  the  vio- 
lation of  any  of  the  provisions  of  this  section,  shall  have  an 
action  against  such  corporation,  so  violating  any  of  the  pro- 
visions to  recover  a penalty  of  not  less  than  one  hundred  dol- 
lars ($100),  nor  more  than  two  hundred  dollars  ($200),  to  be 
recovered  in  any  court  of  competent  jurisdiction;  said  action 
to  be  an  action  of  debt,  in  the  name  of  the  People  of  the  State 


SALE  OF  LIQUORS  OUTSIDE  CITIES,  ETC. 


211 


of  Illinois,  for  the  use  of  the  person  aggrieved;  but  the  court 
or  jury  trying  the  case  may  reduce  said  penalty  to  any  sum, 
not  less,  however,  than  fifty  dollars  ($50),  where  the  offense 
committed  by  such  violation  may  appear  not  to  be  malicious 
or  willful:  Provided , that  no  such  ordinance  shall  limit  the 

rate  of  speed,  in  case  of  passenger  trains  to  less  than  ten  miles 
per  hour,  nor  in  any  other  case  to  less  than  six  miles  per  hour. 
[As  amended  by  act  approved  May  22,  1877.  In  force  July  1, 
1877.  L.  1877,  p.  165. 

SALE  OF  LIQUORS  OUTSIDE  CITIES,  VILLAGES  AND 

TOWNS. 

AN  ACT  to  regulate  the  sale  of  intoxicating  liquors  outside  the  incorporated 
limits  of  cities,  towns  and  villages.  [Approved  May  4,  1887.  In  force  July  1, 
1887.  i..  1887,  p.  194. 

706.  Penalty  for  selling  liquor  outside  limits  of  cities, 
towns  and  villages.]  § 1.  Be  it  enacted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly,  That 
whoever  shall,  outside  of  the  incorporated  limits  of  any  city, 
town  or  village,  by  himself  or  another,  either  as  principal,  clerk 
or  servant,  directly  or  indirectly,  sell,  barter  or  exchange,  or 
in  any  manner  dispose  of,  for  money  or  anything  of  value, 
any  intoxicating  liquors  of  any  kind,  in  any  less  quantity  than 
five  gallons  and  in  the  original  package  as  put  up  by  the  man- 
ufacturer, shall,  for  each  offense  be  fined  not  less  than  fifty 
nor  more  than  one  hundred  dollars,  or  imprisoned  in  the 
county  jail  not  less  than  thirty  nor  more  than  ninety  days,  or 
both,  in  the  discretion  of  the  court.  [Tipton  v.  People,  156 
111.,  241. 

707.  Any  shift  or  device  to  evade,  etc.,  an  unlawful  selling.] 

§ 2.  Any  shift  or  device  to  evade  the  provisions  of  this  act 
shall  be  held  to  be  an  unlawful  selling. 

707i/2.  How  fine  enforced.]  § 3.  Any  fine  or  imprison- 
ment mentioned  in  this  act  may  be  enforced  by  indictment 
or  information  in  any  court  of  record  having  criminal  juris- 
diction, or  the  fine  above  may  be  sued  for  and  recovered  be- 
fore any  justice  of  the  peace  of  the  proper  county,  in  the  name 
of  the  People  of  the  State  of  Illinois,  and  in  case  of  convic- 
tion the  offender  shall  stand  committed  to  the  county  jail 


242 


STATUTES  RELATING  TO  CITY. 


until  the  cost  and  judgment  are  fully  paid  or  until  discharged 
by  order  of  the  court  before  which  the  conviction  was  obtained. 

708.  What  necesssary  to  show’ on  prosecution.]  § 4.  In 
all  prosecutions  under  this  act  by  indictment  or  otherwise, 
it  shall  not  be  necessary  to  state  the  kind  of  liquor  sold,  or  to 
describe  the  place  where  sold,  except  as  herein  required,  nor 
to  show  the  knowledge  of  the  principal  to  convict. for  the  acts 
of  an  agent  or  servant,  nor  to  state  the  name  of  the  person 
to  whom  liquor  is  sold,  and  in  all  cases  the  persons  to  whom 
liquor  shall  be  sold  in  violation  of  this  act  shall  be  competent 
witnesses. 

709.  Not  to  prevent  county  board  from  granting  license.] 

§ 5.  Nothing  contained  herein  shall  be  construed  so  as  to 
prevent  county  boards  from  granting  license  to  keep  dram 
shops,  as  is  now  provided  by  law,  and  all  persons  keeping 
dram  shops  so  licensed  shall  be  exempt  from  the  provisions 
of  this  act. 


SCHOOL  DIRECTORS. 

AN  ACT  to  provide  for  the  appointmemt  of  School  Directors,  and  members  of  the 
Board  of  Education  in  certain  cases.  Approved  May  29,  1879.  In  force  July  1, 
1879.  As  amended  by  Act  approved  May  31,  1881.  In  force  July  1,  1881. 

710.  School  directors.]  § 1.  Be  it  enacted  by  the  People 

of  the  State  of  Illinois , represented  in  the  General  Assembly, 
That  in  all  cases  whereby  the  provisions  of  any  general  or 
special  law  of  thi's  State  heretofore  passed,  the  members  of  the 
common  council  of  any  city  have  been  made  ex-officio  school 
directors,  or  members  of  the  board  of  education  in  and  for 
the  school  district  of  which  the  said  city  shall  constitute  the 
whole  or  a part,  the  said  school  directors  or  members  of  the 
board  of  education  shall  hereafter  be  appointed  as  hereinafter 
provided. 

711.  School  directors — how  appointed.]  § 2.  It  shall  be 

the  duty  of  the  mayor  of  such  city,  at  the  first  regular  meet- 
ing of  the  city  council,  after  each  annual  municipal  election, 
and  after  his  installation  into  office,  to  nominate  and  place  be- 
fore the  council  for  confirmation  as  school  directors,  or  mem- 
bers of  the  board  of  education,  as  the  case  may  be,  one  per- 
son from  each  ward  of  said  city  to  serve  for  two  years,  and 
one  person  from  the  city  at  large  to  serve  for  one  year,  and 


SCHOOL  DIRECTORS. 


243 


if  the  persons  so  appointed  shall  be  confirmed  by  a majority 
vote  of  the  city  council,  to  be  entered  of  record,  the  persons 
so  appointed,  together  with  such  persons  theretofore  appointed 
under  the  provisions  of  the  act  to  which  this  is  an  amend- 
ment, whose  terms  of  service  shall  not  expire  within  one  year, 
shall  constitute  the  board  of  education  or  school  directors  for 
such  district : Provided,  that  the  person  appointed  from 

the  city  at  large  for  one  year  shall  be  president  of  said  board 
of  education  or  school  directors,  but  shall  have  no  vote  in 
such  board  excepting  in  case  of  a tie:  And  provided , further , 

that  the  term  of  office  of  all  persons  heretofore  appointed  un- 
der the  provisions  of  the  act  to  which  this  is  an  amendment, 
whose  term  of  office  expires  within  one  year,  shall  terminate 
at  the  first  regular  meeting  of  the  city  council  after  the  an- 
nual meeting,  and  upon  the  appointment  and  confirmation 
of  their  successors.  [As  amended  by  act  approved  and  in 
force  May  28,  1889.  L.  1889,  p.  236. 

712.  Organization  of  board — powers — duties.]  § 3.  The 

said  persons  shall  as  soon  as  practicable  after  their  appoint- 
ment organize  by  electing  one  of  their  number  secretary,  who 
shall  hold  his  office  for  one  year.  All  rights,  powers  and 
duties  heretofore  exercised  by,  and  devolved  upon,  the  mem- 
bers of  the  city  council  as  ex-officio  members  of  the  board  of 
education  or  school  directors,  shall  devolve  upon  and  be  exer- 
cised by  the  members  of  the  board  of  education  and  school  di- 
rectors appointed  under  the  provisions  of  this  act.  [As 
amended  by  act  approved  and  in  force  May  28,  1889.  L.  1889, 
p.  236. 

713.  Certificate  of  tax — limitation.]  § 4.  In  all  school 
districts  to  which  this  act  shall  apply,  the  boards  of  edu- 
cation or  school  directors  shall  annualty,  before  the  first  day 
of  August,  certify  to  the  city  council  under  the  hands  and 
seals  of  the  president,  and  secretary,  of  the  board,  the  amount 
of  money  required  to  be  raised  by  taxation  for  school  pur- 
poses in  said  district  for  the  ensuing  year,  and  the  said  city 
council  shall  thereupon  cause  the  said  amount  to  be  levied 
and  collected  in  the  same  manner  now  provided  by  law  for 
the  levy  and  collection  of  taxes  for  school  purposes  in  such 
district,  but  the  amount  to  be  so  levied  and  collected  shall  not 


244 


STATUTES  RELATING  TO  CITY. 


exceed  the  amount  now  allowed  to  be  collected  for  school  pur- 
poses by  the  general  school  laws  of  this  State;  and  when 
such  taxes  have  been  collected  and  paid  over  to  the  treasurer 
of  such  city  or  school  district,  as  may  be  provided  by  the  terms 
of  the  act  under  which  such  district  has  been  organized,  such 
funds  shall  be  paid  out  only  on  the  order  of  the  board  of 
education  or  school  directors,  signed  by  the  president  and 
secretary  of  such  board. 

HOUSES  OF  CORRECTION. 

AN  ACT  to  establish  houses  of  correction,  and  authorize  the  confinement  of  con- 
victed persons  therein.  [Approved  April  25,  1871.  In  force  July  1,  1871.  L. 

1871-2,  p.  481.] 

714.  Cities  may  establish.]  § 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois , represented  in  the  General  As- 
sembly, That  it  shall  be  lawful  for  the  municipal  authorities, 
of  any  city  within  this  State  to  establish  a house  of  correc- 
tion, which  shall  be  used  for  the  confinement  and  punish- 
ment of  criminals,  or  persons  sentenced  or  committed  thereto 
under  the  provisions  of  this  act,  or  any  law  of  this  State,  or 
ordinance  of  any  city  or  village,  authorizing  the  confinement 
of  convicted  persons,  in  any  such  house  of  correction.  [As 
amended  by  act  approved  May  31,  1879.  In  force  July  1, 
1879.  L.  1879,  p.  177. 

715.  Inspectors — appointment — term  of  office.]  § 2.  The 

management  and  direction  of  any  house  of  correction  already 
established  or  which  may  hereafter  be  established  in  any  such 
city,  shall  be  under  the  control  and  authority  of  a board  of  in- 
spectors, to  be  appointed  for  that  purpose  as  in  this  section  di- 
rected. The  mayor  of  said  city  shall,  by  virtue  of  his  office, 
be  a member  of  said  board,  who,  together  with  three  persons 
to  be  appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  the  legislative  authority  of  said  city,  shall  con- 
stitute the  said  board  of  inspectors.  The  term  of  office  for 
the  appointed  members  of  said  board  shall  be  Three  years,  but 
the  members  first  appointed  shall  hold  their  office,  respectively, 
as  shall  be  determined  by  lot  at  the  first  meeting  of  said  board, 
for  one,  two  and  three  years  from  and  after  the  first  Monday 
in  May,  in  the  year  of  our  Lord  1871,  and  thereafter  one 
member  shall  be  appointed  each  year  for  the  full  term  of  three 
years. 


HOUSES  OF  CORRECTION. 


245 


716.  Rules — employees — appropriations.]  § 3.  That 

whenever  a board  of  inspectors  have  been  organized  as  in  sec- 
tion second  of  this  act  directed,  they  shall  have  power  and  au- 
thority to  establish  and  adopt  rules  for  the  regulation  and  dis- 
cipline of  the  said  house  of  correction,  for  which  they  have  re- 
spectively been  appointed,  and,  upon  the  nomination  of  the 
superintendent  thereof,  to  appoint  the  subordinate  officers, 
guards  and  employees  thereof;  to  fix  their  compensation  and 
prescribe  their  duties  generally;  to  make  all  such  by-laws  and 
ordinances  in  relation  to  the  management  and  government 
thereof  as  they  shall  deem  expedient.  N"o  appropriation  of 
money  shall  be  made  by  the  said  board  of  inspectors  for  any 
purpose  other  than  the  ordinary  and  necessary  expenses  and 
repairs  of  said  institution,  except  with  the  sanction  of  the 
legislative  authority  of  said  city. 

717.  Compensation  and  duties  of  inspectors — records.] 

§ 4.  Said  inspectors  shall  serve  without  fee  or  compensation. 
There  shall  be  a meeting  of  the  entire  board,  at  the  house  of 
correction  once  in  every  three  months,  when  they  shall  fully 
examine  into  its  management  in  every  department,  hear  and 
determine  all  complaints  or  questions  not  within  the  prov- 
ince of  the  superintendent  to  determine,  and  make  such  fur- 
ther rules  and  regulations  for  the  good  government  of  said 
house  of  correction  as  to  them  shall  seem  proper  and  neces- 
sary. One  of  said  appointed  inspectors  shall  visit  the  said 
house  of  correction  once,  at  least,  in  each  month.  All  rules, 
regulations  or  other  orders  of  said  board  shall  be  recorded  in 
a book  to  be  kept  for  that  purpose,  which  shall  be  deemed  a 
public  record,  and,  with  the  other  books  and  records  of  said 
house  of  correction,  shall  be  at  all  times  subject  to  the  exami- 
nation of  any  member  or  committee  of  the  legislative  author- 
ity, the  comptroller,  treasurer,  corporation  counsel  or  attor- 
ney of  any  such  city. 

718.  Books — quarterly  statement — accounts.]  § 5.  The 

books  of  said  house  of  correction  shall  be  so  kept  as  to  clearly 
exhibit  the  state  of  the  prisoners,  the  number  received  and 
discharged,  the  number  employed  as  servants  or  in  cultivat- 
ing or  improving  the  premises,  the  number  employed  in  each 
branch  of  industry  carried  on,  and  the  receipts  from,  and 


STATUTES  RELATING  TO  CITY. 


2IG 


expenditures  for,  and  on  account  of,  eacli  department  of  bus- 
iness, or  for  improvement  of  the  premises.  A quarterly  state- 
ment shall  be  made  out  which  shall  specify  minutely,  all  re- 
ceipts and  expenditures,  from  whom  received  and  to  whom 
paid,  and  for  what  purpose;  proper  vouchers  for  each,  to  be 
audited  and  certified  by  the  inspectors,  and  submitted  to 
the  comptroller  of  said  city,  and  by  him,  to  the  legislative 
authority  thereof,  for  examination  and  approval.  The  accounts 
of  said  house  of  correction  shall  be  annually  closed  and  bal- 
anced on  the  first  day  of  January  of  each  year,  and  a full  re- 
port of  the  operations  of  the  preceding  year,  shall  be  made  out 
and  submitted  to  the  legislative  authority  of  said  city,  and  to 
the  Governor  of  the  State,  to  be  by  him  transmitted  to  the 
General  Assembly.  [As  amended  by  act  approved  May  31, 
1879.  In  force  July  1,  1879.  L.  1879,  p.  177. 

719.  Further  reports — removal  of  officers,  etc.]  § 6. 

The  legislative  authority  of  said  city  may  require  such  further 
reports  and  exhibits  of  the  condition  and  management  of  such 
institution  as  to  them  shall  seem  necessary  and  proper,  and 
may,  with  the  approval  of  the  mayor,  remove  any  inspector  of 
said  institution.  But  any  subordinate  officer  or  employee  may 
be  removed  by  the  superintendent  at  his  discretion,  but  imme- 
diately upon  the  removal  of  such  officer  or  employee,  he  shall  re- 
port to  said  board  the  name  of  the  person  removed,  and  th6 
cause  of  such  removal. 

720.  Duties  of  superintendent — appointment — term  of  of- 
fice— deputy.]  § 7.  The  superintendent  of" the  said  house  of 
correction  shall  have  entire  control  and  management  of  all 
its  concerns,  subject  to  the  authority,  established  by  law,  and 
the  rules  and  regulations  adopted  for  its  government.  It  shall 
be  his  duty  to  obey  and  carry  out  all  written  orders  and  in- 
structions of  the  inspectors  not  inconsistent  with  the  laws, 
rules  and  regulations  relating  to  the  government  of  said  in- 
stitution. He  shall  be  appointed  by  the  mayor  by  and  with 
the  consent  of  said  board  of  inspectors,  and  shall  hold  his  of- 
fice for  four  years  and  until  his  successor  shall  have  been  duly 
appointed  and  qualified,  but  he  may  be  removed  b}^  the  inspec- 
tors at  any  time,  when  in  their  judgment  it  shall  be  advis- 
able. He  shall  be  responsible  for  the  manner  in  which  said 


HOUSES  OF  CORRECTION. 


247 


house  of  correction  is  managed  and  conducted.  He  shall  re- 
side at  said  house  of  correction,  devote  all  his  time  and  atten- 
tion to  the  business  thereof,  and  visit  and  examine  into  the 
condition  and  management  of  every  department  thereof  and  of 
each  prisoner  therein  confined,  daily.  He  shall  exercise  a gen- 
eral supervision  and  direction  in  regard  to  the  discipline,  po- 
lice and  business  of  said  house  of  correction.  The  deputy 
superintendent  of  said  house  of  correction  shall  have  and 
exercise  the  powers  of  the  superintendent  in  his  absence,  so 
far  as  relates  to  the  discipline  thereof  and  the  safe  keeping  of 
prisoners. 

721.  County  may  use  house  of  correction.]  § 8.  The 

board  of  supervisors  or  commissioners  of  any  county,  and  the 
board  of  trustees  of  any  village  or  town,  in  any  county  in 
this  State,  in  which  a hou.se  of  correction  is  established,  shall 
have  full  power  and  authority  to  enter  into  an  agreement  with 
the  legislative  authority  of  such  city,  or  with  any  authorized 
agent  or  officer  in  behalf  of  such  city,  to  receive  and  keep  in 
said  house  of  correction  any  person  or  persons  who  may  be 
sentenced  or  committed  thereto,  by  any  court  or  magistrate, 
in  any  of  said  counties,  whenever  such  agreement  shall  have 
been  made,  it  shall  be  the  duty  of  the  board  of  supervisors  or 
commissioners  for  any  county  in  behalf  of  which,  such  agree- 
ment shall  have  been  made,  or  of  the  trustees  of  the  village 
or  town,  in  behalf  of  which,  such  agreement  has  been  made, 
as  the  case  may  be,  to  give  public  notice  thereof,  in  some  news- 
paper printed  and  published  within  said  county,  for  a period 
not  less  than  four  weeks,  and  such  notice  shall  state  the  pe- 
riod of  time  for  which  such  agreement  will  remain  in  force. 
[As  amended  by  act  approved  May  31,  1879.  In.  force  July  1, 
1879.  L.  1879,  p.  177. 

722.  Commitment.]  § 9.  In  counties,  towns  and  villages 
having  such  agreement  with  any  such  city,  it  shall  be  the 
duty  of  every  court,  police  justice,  justice  of  the  peace,  or  other 
magistrate  in  such  county,  town  or  village,  by  whom  any  per- 
son, for  any  crime  or  misdemeanor,  punishable  by  imprison- 
ment in  the  county  jail,  shall  be  convicted,  to  commit  such 
person  to  the  said  house  of  correction,  in  lieu  of  committing 
him  to  the  county  jail,  village  or  town  calaboose,  there  to  be 


248 


STATUTES  RELATING  TO  CITY. 


received,  and  kept  in  the  manner  prescribed  by  law  and  the 
discipline  of  said  house  of  correction.  And  it  shall  be  the 
duty  of  such  court,  police  justice,  justice  of  the  peace,  or  other 
magistrate,  by  a warrant  of  commitment,  duly  issued,  to 
cause  such  person  so  sentenced,  to  be  forthwith  conveyed  by 
some  proper  officer  to  said  house  of  correction.  [As  approved 
May  31,  1879.  in  force  July  1,  1879.1 

723.  Conveying  convict  to  house  of  correction — fees.] 

§10.  It  shall  be  the  duty  of  the  sheriff,  constable  or  other 
officer  in  and  for  any  county  having  such  agreement  with 
any  such  city  to  whom  any  warrant  of  commitment  for  that  pur- 
pose may  be  directed  by  any  court,  justice  or  magistrate  afore- 
said, in  such  count}',  to  convey  such  person  so  sentenced  to  the 
said  house  of  correction,  and  there  deliver  such  person  to  the 
keeper  or  other  proper  officer  of  said  house  of  correction,  whose 
duty  it  shall  be  to  receive  such  person  so  sentenced,  and  to  safely 
keep  and  employ  such  person  for  the  term  mentioned  in  the  war- 
rant of  commitment,  according  to  the  laws  of  said  house  of  cor- 
rection; and  the  officers  thus  conveying  and  so  delivering  the 
person  or  persons  so  sentenced  shall  be  allowed  such  fees,  as 
compensation  therefor,  as  shall  be  prescibed  or  allowed  by  the 
board  of  supervisors  or  commissioners  of  the  said  county. 

724.  Application  of  other  laws,  etc.]  § 11.  All  pro- 

visions of  law  and  ordinances  authorizing  the  commitment  and 
confinement  of  persons  in  jails,  bridewells  and  other  city  pris- 
ons, are  hereby  made  applicable  to  all  persons  who  may  or 
shall  be,  under  the  provisions  of  this  act,  sentenced  to  such 
house  of  correction. 

725.  House  of  shelter.]  § 12.  It  shall  be  lawful  for  the 

inspectors  of  any  such  house  of  correction  to  establish  in  con- 
nection with  the  same  a department  thereof,  to  be  called  a 
house  of  shelter,  for  the  more  complete  reformation  and  edu- 
cation of  females.  The  inspectors  shall  adopt  rules  and  regu- 
lations by  which  any  female  convict  may  be  imprisoned  in  one 
or  more  separate  apartments  of  the  said  house  of  correction,  or 
of  the  department  thereof  called  the  house  of  shelter.  The 
superintendent  of  said  house  of  correction  shall  appoint,  by 

(1)  Note. — The  act  does  not  profess  to  amend  this  section,  but  the  title  is  broad 
enough  to  embrace  it.  See  Laws  1879,  p.  177. 


HOUSES  OF  CORRECTION. 


249 


and  with  the  advice  of  the  board  of  inspectors,  a matron  and 
other  teachers  and  employees  for  the  said  house  of  shelter, 
whose  condensation  shall  be  fixed,  and  provided  for  as  in  this 
act  provided  for  the  officers  and  other  employees  of  the  said 
house  of  correction. 

726.  Expenses.]  § 13.  The  expenses  of  maintaining  any 
such  house  of  correction  over  and  above  all  receipts  for  the 
labor  of  persons  confined  therein,  and  such  sums  of  money 
as  may  be  received  from  time  to  time  by  virtue  of  an  agree- 
ment with  a county,  as  in  this  act  contemplated,  shall  be  audited 
and  paid  from  time  to  time  by  the  legislative  authority  of 
such  city,  and  shall  be  raised,  levied  and  collected  as  the  ordi- 
nary expenses  of  the  said  city. 

727.  United  States  convicts.]  § 14.  It  shall  be  lawful 
for  the  inspectors  of  any  such  house  of  correction  to  enter  into 
an  agreement  with  any  officer  of  the  United  States  authorized 
therefor,  to  receive  and  keep  in  such  house  of  correction  any 
person  sentenced  thereto,  or  ordered  to  be  imprisoned  therein, 
by  any  court  of  the  United  States  or  other  federal  officer,  until 
discharged  by  law. 

728.  Bridewell  changed  to  house  of  correction.]  § 15. 

That  in  any  such  city  having,  prior  to  the  passage  of  this  act, 
established  a bridewell  for  the  confinement  of  convicted  pen 
sons,  such  institution  shall,  immediately  upon  the  appoint- 
ment of  the  inspectors  in  this  act  contemplated,  be  known  and 
denominated  as  the  house  of  correction  of  the  city  in  which 
it  is  located. 

729.  Salary  of  superintendent — record  of  conduct — good 
time.]  § 16.  The  superintendent  of  any  such  house  of  cor- 
rection shall  receive  a salary  per  annum,  to  be  fixed  by  the  leg- 
islative authority  of  such  city,  to  be  paid  quarterly.  It  shall 
be  his  duty  to  keep  a record  of  each  and  all  ‘infractions  of  the 
rules  and  discipline  of  said  house  of  correction,  with  the  names 
of  each,  the  convict  offending,  and  the  date  and  character  of 
each  offense,  and  every  convict  sentenced  or  committed  for 
six  months  or  more,  whose  name  does  not  appear  upon  such 
record,  shall  be  entitled  to  a deduction  of  three  days  per  month 
from  his  or  her  sentence,  for  each  month  he  or  she  shall  con- 
tinue to  obey  alb  the  rules  of  said  house  of  correction. 


—10 


250 


STATl'T KS  UI5LATI NO  TO  CITY. 


730.  Oath — bond.]  § 17.  The  inspectors  of  any  such 
house  of  correction  and  the  superintendent  thereof,  shall,  be- 
fore they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  the  usual  oath  of  office.  Said  inspectors  and 
superintendent  shall  severally  give  bond  to  such  city  with 
sureties,  and  in  a penal  sum  such  as  may  be  required  by  the 
legislative  authority  thereof,  for  the  faithful  performance  of 
their  duties. 

[§  18,  repeal,  omitted.  See  “Statutes,”  ch.  131,  § 5. 

731.  Tax  on  net  receipts.]  § 30.  Every  agent  of 

any  insurance  company,  incorporated  by  the  authority  of  any 
other  state  or  government,  shall  return  to  the  proper  officer  of 
the  county,  town  or  municipality  in  which  the  agency  is  es- 
tablished, in  the  month  of  May,  annually,  the  amount  of  the 
net  receipts  of  such  agency  for  the  preceding  year,  which  shall 
be  entered  on  the  tax  lists  of  the  county,  town  and  municipal- 
ity, and  subject  to  the  same  rate  of  taxation,  for  all  purposes — 
State,  county,  town  and  municipal — that  other  personal  prop- 
erty is  subject  to  at  the  place  where  located;  said  tax  to  be  in 
lieu  of  all  town  and  municipal  licenses;  and -all  laws  and  parts 
of  laws  inconsistent  herewith  are  hereby  repealed:  Provided , 

that  the  provisions  of  this  section  shall  not  be  construed  to 
prohibit  cities  having  an  organized  fire  department  from  levy- 
ing a tax,  or  license  fee,  not  exceeding  two  per  cent,  in  accord- 
ance with  the  provisions  of  their  respective  charters,  on  the 
gross  receipts  of  such  agency,  to  be  applied  exclusively  to  the 
support  of  the  fire  department  of  such  city.  [As  amended  by 
act  approved  May  31,  1879.  In  force  July  1,  1879.  L.  1879, 
p.  179. 

PUBLIC  BUILDINGS. 

AN  ACT  to  regulate  the  means  of  egress  from  public  buildings.  [Approved 

March  28,  1874.  In  force  July  1,  1874.] 

732.  Doors  to  open  outward.]  g 1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois,  represented  in  the  General  As- 
sembly, That  all  public  buildings  now  in  process  of  construction 
or  hereafter  to  be  built  or  constructed,  which  may  or  shall 
be  used  for  churches,  school  houses,  operas,  theatres,  lecture 
rooms,  hotels,  public  meetings,  town  halls,  or  which  may  or 
shall  be  used  for  any  purpose  whereby  a collection  of  people 


PUBLIC  BUILDINGS. 


251 


may  be  assembled  together  for  religious  worship,  amusement 
or  instruction,  shall  be  so  built  and  constructed  that  all  doors 
leading  from  the  main  hall  or  place  where  said  collection  of 
people  may  be  assembled,  or  from  the  principal  room  which 
may  be  used  for  any  of  the  purposes  aforesaid,  shall  be  so  swung 
upon  their  hinges  and  constructed  that  said  doors  shall  open 
outward;  and  that  all  means  of  egress  for  the  public  from 
the  main  hall  or  principal  room,  and  from  the  building,  shall 
be  by  means  of  doors  which  shall  open  outwards  from  the  main 
hall  or  building. 

733.  Penalty.]  § 2.  That  any  person  or  persons  who 
shall  fail  or  refuse  to  comply  with  the  provisions  of  this  act 
shall  be  fined  in  any  sum  not  less  than  $100  nor  more  than 
$1,000. 

734.  When  public  buildings  may  be  closed.]  § 3.  That 
in  all  cities  and  towns  having  a population  of  two  thousand 
inhabitants,  and  upwards,  the  mayor,  or  other  corporate  au- 
thorities of  said  town  or  city,  shall  be  empowered  and  he  is 
hereby  authorized  to  close  and  prohibit  all  public  buildings, 
hereafter  erected,  from  being  used  in  violation  of  this  act. 

735.  City,  or  if  not  in  city,  county,  liable  for  three-fourths 
damages.]  § 1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  General  Assembly , That  whenever 
any  building  or  other  real  or  personal  property,  except  property 
in  transit,  shall  be  destroyed  or  injured  in  consequence  of  any 
mob  or  riot  composed  of  twelve  or  more  persons,  the  city,  or 
if  not  in  a city  then  the  county  in  which  such  property  was 
destroyed,  shall  be  liable  to  an  action  by  or  in  behalf  of  the 
party  whose  property  was  thus  destroyed  or  injured,  for  three- 
fourths  of  the  damages  sustained  by  reason  thereof. 

736.  Action,  how  brought — judgment.]  § 2.  Such  ac- 
tion may  be  brought  in  the  form  of  an  action  on  the  case,  or 
other  appropriate  action,  and  whenever  any  final  judgment 
shall  be  secured  against  any  such  city  or  county  in  any  such 
action,  the  same  shall  be  paid  in  due  course  as  in  case  of  other 
judgments. 

737.  When  entitled  to  recover.]  § 3.  No  person  or  in- 
corporation shall  be  entitled  to  recover  in  any  such  action  if 


252  STATUTES  RELATING  TO  CITY. 

it  shall  appear  on  the  trial  thereof  that  such  destruction  or 
injury  of  property  was  occasioned,  or  in  any  way  aided,  sanc- 
tioned or  permitted  by  the  carelessness,  neglect  or  wrongful 
act  of  such  person  or  corporation;  nor  shall  any  person  or  cor- 
poration be  entitled  to  recover  any  damages  for  any  destruc- 
tion or  injury  of  property  as  aforesaid,  unless  such  party  shall 
have  used  all  reasonable  diligence  to  prevent  such  damage. 

738.  Action  by  party  against  persons  engaged  in  riot — 

lien  of  city,  etc.]  § 4.  Nothing  in  this  act  shall  be  con- 
strued to  prevent  any  person  or  corporation  whose  property 
has  been  injured  or  destroyed  in  consequence  of  any  mob  or 
riot,  from  having  or  maintaining  an  action  or  actions  against 
any  person  or  persons,  engaged  or  in  any  manner  participat- 
ing in  such  mob  or  riot,  for  the  recovery  of  the  damages  sus- 
tained thereby : Provided , that  when  such  city  or  county, 

shall  have  paid  any  part  of  such  damage,  such  city,  or  county, 
making  such  payment  shall  have  a lien  to  the  amount  so  paid 
upon  any  judgment  or  claim,  against  any  person  or  persons 
engaged  in,  or  in  any  manner  participating  in  such  mob  or 
riot,  together  with  the  right  and  power  to  enforce  and  collect 
such  judgment  or  claim,  and  when  such  city  or  county  shall 
have  been  reimbursed  the  money  so  paid  by  it,  such  portion 
of  such  judgment  or  judgments,  or  claim  or  claims  remain- 
ing unpaid  shall  then  revert  to,  and  become  the  propert}'  of 
the  original  owner  thereof,  and  such  owner  shall  have  the  right 
to  enforce  and  collect  the  same. 

739.  Action  by  city  or  county  against  persons  engaged  in 
riot.]  § 5.  It  shall  be  lawful  for  the  city  or  county  against 
which  a judgment,  or  judgments,  for  damages  shall  be  recov- 
ered under  the  provisions  of  this  act,  to  bring  an  action,  or 
actions  against  any  person  or  persons  engaged  or  in  any  man- 
ner participating  in  said  mob  or  riot,  for  the  recovery  of  the 
amount  of  said  judgment  or  judgments  and  costs,  and  such 
action  shall  not  abate  or  fail  by  reason  of  too  many  or  too  few 
parties  defendant  being  named  therein;  the  same  shall  to  all 
intents  and  purposes  be  treated  as  an  action  of  trespass  brought 
by  the  owners  of  such  property,  except  that  the  statute  of  lim- 
itations as  to  such  action  shall  not  begin  to  run  against  said 


PUBLIC  BUILDINGS. 


253 


city  or  county  until  its  liability  is  fixed  by  judgment  as  here- 
inbefore provided. 

740.  Notice  of  claim  of  damages — when  action  shall  be 
brought.]  § 6.  No  action  shall  be  maintained  under  the 
provisions  of  this  act,  by  any  person  or  corporation  whose 
property  shall  have  been  destroyed  or  injured  as  aforesaid,  un- 
less notice  of  claim  for  damages  be  presented  to  such  city  or 
county  within  thirty  days  after  such  loss  or  damage  occurs 
and  such  action  shall  be  brought  within  twelve  months  after 
such  destruction  or  injury  occurs,  but  nothing  in  this  act  shall 
be.  construed  as  authorizing  any  recovery  by  the  United  States, 
the  State  of  Illinois,  or  any  county,  for  the  destruction  of,  or 
injury  to  property  by  mobs  or  riots. 

741.  When  city  or  county  settles  claim.]  § 7.  Any  city 
or  county  may  settle  with,  and  pay,  the  owner  of  any  such 
property  the  damages  so  sustained ; and  any  such  city  or  county 
which  shall  have  paid  any  sum  under  the  provisions  of  this 
act,  whether  by  voluntary  settlement  or  otherwise,  may  recover 
the  same  with  all  costs  paid  by  it  from  any  or  all  the  persons 
engaged  in  the  destruction  or  injury  of  the  property  so  paid 
for. 

742.  Consent  necessary  to  erect  poles,  etc.,  on  roads,  streets, 

etc. — record — alteration.]  § 4.  No  such  company  shall 

have  the  right  to  erect  any  poles,  posts,  piers,  abutments,  wires 
or  other  fixtures  of  their  lines  along  or  upon  any  road,  high- 
way, or  public  ground,  outside  the  corporate  limits  of  a city, 
town  or  village,  without  the  consent’  of  the  county  board  of 
the  county  in  which  such  road,  highway,  or  public  ground  is 
situated,  nor  upon  any  street,  alley,  or  other  highway  or  pub- 
lic ground,  within  any  incorporated  city,  town  or  village, 
without  the  consent  of  the  corporate  authorities  of  such  city, 
town  or  village.  The  consent  herein  required  must  be  in  writ- 
ing, and  shall  be  recorded  in  the  recorder’s  office  of  the  county. 
And  such  county  board,  or  the  city  council,  or  board  of  trus- 
tees of  such  city,  town  or  village,  as  the  case  may  be,  shall 
have  power  to  direct  any  alteration  in  the  location  or  erection 
of  any  such  poles,  posts,  piers  or  abutments,  and  also  in  the 
height  of  the  wires,  having  first  given  the  company  or  its 
agent  opportune  to  be  heard  in  regard  to  such  alteration. 


234  STATUTES  RELATING  TO  CITY. 

743.  Exception  as  to  cities  and  villages.]  § 4.  In 

towns  in  which  there  are  incorporated  cities  or  villages,  the 
boundaries  of  which  are  co-extensive  with  the  limits  of  the 
town,  or  the  town  lies  wholly  within  the  limits  of  an  incorpo- 
rated city  or  village,  the  electors  shall  not  exercise  the  sev- 
eral powers  contained  in  subdivisions  of  section  3 of  this- ar- 
ticle, namely:  3,  5,  6,  7,  8,  9,  10,  11,  12  and  13;  but  all  moneys 
necessary  to  be  raised,  in  such  towns  for  town  expenses  shall 
be  ascertained  by  the  county  board,  and  the  county  clerk  shall 
extend  the  amount  so  ascertained  upon  the  collector’s  books 
of  such  town,  and  when  collected,  the  same  shall  be  paid  over 
to  the  town  supervisors  the  same  as  in  other  towns,  and  the 
powers  and  provisions  of  all  cities  and  villages  under  their 
organic  law  shall  not  be  repealed  by  any  of  the  provisions  of 
this  article. 

VACATION  OF  STREETS,  ALLEYS  AND  HIGHWAYS. 

AN  ACT  to  revise  the  law  in  relation  to  the  vacation  of  streets  and  alleys.  [Ap- 
proved March  24,  1874.  In  force  July  1,  1874.] 

744.  Three-fourths  vote  required — damages.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly:  That  no  city  council  of  any  city,  or 

board  of  trustees  of  any  village  or  town,  -whether  incorporated 
by  special  act  or  under  any  general  law,  shall  have  power  to 
vacate  or  close  any  street  or  alley,  or  any  portion  of  the  same, 
except  upon  a three-fourths  majority  of  all  the  aldermen  of 
the  city  or  trustees  of  the  village  or  town  authorized  by  law 
to  be  elected;  such  vote  to  bo  taken  by  ayes  and  noes,  and  en- 
tered on  the  records  of  the  council  or  board.  And  when  prop- 
erty is  damaged  by  the  vacation  or  closing  of  any  street  or 
alley,  the  same  shall  be  ascertained  and  paid  as  provided  by 
law.  [See  “Eminent  Domain,”  ch.  47.  L.  1865,  p.  130,  § 1. 

745.  Rights  of  adjoining  owners.]  § 2.  When  any  street, 
alley,  lane  or  highway,  or  any  part  thereof,  has  been  or  shall 
be  vacated  under  or  by  virtue  of  any  act  of  this  State  or  by 
order  of  the  city  council  of  any  city  or  trustees  of  any  village 
or  town,  or  by  the  commissioners  of  highways,  county  boards, 
or  other  authority  authorized  to  vacate  the  same,  the  lot  or 
tract  of  land  immediately  adjoining  on  either  side  shall  ex- 
tend to  the  central  line  of  such  street,  alley,  lane  or  highway 


PUBLIC  BUILDINGS. 


or  part  thereof  so  vacated,  unless  otherwise  specially  provided 
in  the  act,  ordinance  or  order  vacating  the  same,  unless,  in 
consequence  of  more  of  the  land  for  such  street,  alley,  lane 
or  highway  having  been  contributed  from  the  land  on  one 
side  thereof  than  the  other,  such  division  is  inequitable,  in  which 
case  the  street,  alley,  lane  or  highway  so  vacated  shall  be  di- 
vided according  to  the  equities  of  the  adjoining  owners.  TL. 
1865,  p.  180,  § 1. 

AN  ACT  to  authorize  county  boards  in  counties  under  township  organization  to 

organize  certain  territory  situated  therein  as  a town.  [Approved  May  23,  1877. 

In  force  July  1,  1877.  L.  1877,  p.  212. 

746.  Territory  of  city  organized  as  town.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois , represented  in 
the  General  Assembly,  That  the  county,  board  in  any  county 
under  township  organization,  may  provide  - that  the  territory 
embraced  within  any  city  in  such  county  shall  be  organized  as 
a town : Provided,  such  territory  shall  have  a population  of 

not  less  than  three  thousand.  And,  provided,  the  city  council 
in  such  city  shall  by  resolution  request  such  action  by  the 
county  board. 

747.  Town  in  city.]  § 2.  The  territory  of  any  city  now 
organized,  within  the  limits  of  any  county  under  township  or- 
ganization, and  not  situated  within  any  town,  shall  be  deemed 
to  be  a town. 

748.  Election  of  officers.]  § 3.  All  town  officers  within 
any  town  organized  as  aforesaid  shall  be  elected  at  the  annual 
charter  election  of  such  cit}L  All  general  elections  held  in 
such  city  and  town,  shall  be  held  at  the  same  voting  places  as 
the  city  elections,  with  judges  and  clerks  appointed  in  like  man- 
ner as  for  the  city  elections. 

749.  Powers  exercised  by  council.]  § 4.  The  powers 
vested  in  such  town  shall  be  exercised  by  the  city  council. 

750.  What  city  council  may  provide.]  § 5.  The  city 
council  in  such  city  and  town,  may  by  ordinance,  provide  that 
the  officers  of  city  and  town  clerk  shall  be  united  in  the  same 
person;  that  the  officers  of  treasurer  and  town  collector  shall 
be  united  in  the  same  person;  that  the  election  of  highway 
commissioners  shall  be  discontinued,  and  that  the  offices  of 
supervisor  and  poormaster,  shall  be  separated,  and  the  poor- 


250  STATUTES  RELATING  TO  CITY. 

master  appointed  by  the  city  council.  [As  amended  by  act  ap- 
proved June  18,  1883.  In  force  July  1,  1883.  L.  1883,  p.  174. 

751.  May  regulate  the  number  of  justices.]  § 6.  The 

city  council  in  such  city  and  town  may  from  time  to  time  reg- 
ulate the  number  of  justices  of  the  peace,  police  magistrates  and 
constables  to  be  elected  within  such  city  and  town;  but  the 
number  elected  to  either  of  such  offices  shall  not  exceed  the  num- 
ber allowed  by  law  to  other  towns  of  like  population. 

752.  Vacancies.]  § 7.  Vacancies  in  any  of  the  town  of- 
fices within  such  city  and  town  may  be  filled  by  the  city  council. 

PLATS  TO  BE  RECORDED,  ETC. 

753.  Plats  of  highways,  etc.,  to  be  made  and  recorded.] 

§ 9.  Whenever  any  highway,  road,  street,  alley,  public  ground, 
toll-road,  railroad  or  canal  is  laid  out,  located,  opened,  widened 
or  extended,  or  the  location  thereof  altered,  it  shall  be  the  duty 
of  the  commissioners,  authorities,  officers,  persons  or  cor- 
porations, public  or  private,  laying  out,  locating,  opening, 
widening,  extending  or  altering  the  same,  to  cause  a plat  there- 
of showing  the  width,  courses  and  extent  thereof,  and  making 
such  reference  to  known  and  established  corners  or  monuments 
that  the  location  thereof  may  be  ascertained,  to  be  made,  and 
recorded  in  the  office  of  the  recorder  of  the  county  in  which 
the  premises  taken  or  used  for  the  same,  or  any  part  thereof, 
are  situated,  within  six  months  after  such  highway,  road,  street, 
alley,  public  ground,  toll-road,  railroad  or  canal  is  laid  out, 
located,  opened,  widened  or  extended,  or  the  location  thereof  al- 
tered; and  when  any  highway,  road,  street,  alley,  public  ground, 
toll-road,  railroad  or  canal  is  vacated,  the  order,  ordinance  or 
other  declaration  vacating  the  same  shall  be  in  like  manner  re- 
corded. This  act  shall  not  be  construed  to  alter  or  effect  any  law 
specifically  providing  for  the  recording  of  any  sucli  plat,  or  to 
require  the  same  to  be  recorded  sooner  than  is  so  specifically 
provided;  except  that  any  requirements  to  record  such  plat  in 
any  other  place  than  is  provided  herein  shall  not  excuse  the 
parties  from  complying  with  this  act.  Whoever  shall  refuse 
or  neglect  to  comply  with  this  section  shall  forfeit  $25,  and 
the  like  sum  for  every  month  .he  shall  continue  in  such  re- 
fusal or  neglect  after  conviction  therefor,  to  be  recovered  be- 


PLATS  TO  BE  RECORDED. 


257 


fore  any  justice  of  the  peace  of  the  county,  in  the  name  of  the 
county,  one-half  to  the  use  of  the  county  and  the  other  half 
to  the  use  of  the  person  complaining.  [R.  S.  1845,  p.  487,  § 33. 

754.  Prosecuting  offenders.]  § 10.  Whenever  it  shall  come 
to  the  knowledge  of  the  recorder  of  deeds  of  any  county  that 
any  of  the  provisions  of  this  act  have  been  violated,  it  shall 
he  his  duty  to  notify  the  State’s  attorney  of  the  fact,  and  the 
State’s  attorney  shall  immediately  institute  suit,  and  prosecute 
the  same  to  final  judgment  against  the  person  offending. 

755.  Prosecuting  attorneys  of  city  courts.]  § 6.  That 
each  prosecuting  attorney  of  such  inferior  court,  othet  than 
the  State’s  attorney,  shall  be  allowed  and  receive  in  full  com- 
pensation for  all  services  rendered  as  prosecuting  attorney  of 
such  court,  an  annual  salary  of  $250,  to  be  paid  by  the  town 
or  city. 

AN  ACT  to  provide  for  the  removal  of  cemeteries.  [Approved  April  24, 1873.  In 

force  July  1,  1873.] 

756.  When  cemetery  may  be  removed — expense.]  § 1.  Be 

it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly , That  whenever  any  cemetery  shall  be 
embraced  within  the  limits  of  any  town  or  city,  it  shall  be 
lawful  for  the  corporate  authorities  thereof,  if,  in  their  opinion, 
any  good  cause  exists  why  such  cemetery  should  be  removed, 
to  cause  the  remains  of  all  persons  interred  therein  to  be  re- 
moved to  some  other  suitable  place:  Provided,  said  corporate 

chartered  society,  the  corporate  authorities  of  such  town  or  city 
authorities  shall  have  first  obtained  the  assent  of  the  trustees 
or  other  persons  having  the  control  or  ownership  of  said  ceme- 
tery, or  a majority  thereof : And  provided,  further,  that  when 

such  cemetery  is  owned  by  one  or  more  private  parties,  or  pri- 
vate corporation  or  chartered  society,  the  corporate  authorities 
of  such  town  or  city  may  require  the  removal  of  such  ceme- 
tery to  be  done  at  the  expense  of  such  private  parties,  or  pri- 
vate corporation  or  chartered  society,  if  such  removal  be  based 
upon  their  application. 

757.  May  establish  and  maintain  cemeteries — acquire  lands 
for.]  § 1.  That  any  city,  village  or  township  in  this  State 
may  establish  and  maintain  cemeteries,  within  and  without  its 
corporate  limits,  and  acquire  lands  therefor  by  condemnation  or 


5358 


STATUTES  RELATING  TO  CITY. 


otherwise,  and  may  lay  out  lots  of  convenient  size  for  families; 
and  may  sell  lots  for  family  burying  ground,  or  to  individuals 
for  burial  purposes:  Provided,  associations  duly  incorporated 

under  the  laws  of  this  State  for  cemetery  purposes  shall  have 
the  same  power  and  authority  to  purchase  lands  and  sell  lots 
for  burial  purposes  as  are  conferred  upon  cities,  villages  or 
townships  under  this  act. 

Approved  May  11,  1901. 

758.  Power  of  two  or  more  cities,  villages,  or  townships  to 
establish  jointly>]  § 2.  That  any  two  or  more  cities,  villages  or 
townships  in  this  State  may  jointly  unite  in  establishing  and 
maintaining  cemeteries  within  and  without  the  corporate  lim- 
its of  either,  and  acquire  lands  therefor  in  common,  by  pur- 
chase, condemnation  or  otherwise,  and  may  lay  out  lots  of  con- 
venient size  for  families,  and  may  sell  lots  for  family  burying 
ground  or  to  individuals  for  burial  purposes. 

AN  ACT  in  relation  to  the  control  of  public  graveyards.  [Approved  May  29,  1879. 

In  force  July  1,  1879.  L.  1879,  p.  63. 

759.  Control  by  corporate  authorities.]  § 1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  Gen- 
eral Assembly,  That  public  graveyards  in  this  State,  not  under 
the  control  of  any  corporation  sole  organization  or  society  and 
located  within  the  limits  of  cities,  villages,  towns,  townships, 
or  counties  not  under  township  organization,  shall  and  may  be 
controlled  or  vacated  by  the  corporate  authorities  of-  such  city, 
village,  town,  township  or  county,  in  such  manner  as  such  au- 
thorities may  deem  proper,  and  in  the  case  of  towns,  such  con- 
trol may  be  vested  in  three  trustees,  to  be  elected  annually  by 
the  voters  of  such  town  at  the  annual  town  meeting  therein. 

TO  PROTECT  THE  LABOR  OF  NATIVE  AND 
NATURALIZED  AMERICAN  CITIZENS. 

AN  ACT  to  protect  the  labor  of  native  and  naturalized  American  citizens,  and  of 

those  who  have  in  good  faith  declared  their  intentions  to  become  naturalized 

American  citizens.  Approved  June  1, 1889.  In  force  July  1, 1889.  L.  1889,  p.  2. 

760.  None  but  citizens,  or  those  having  declared  their  in- 
tention, to  be  paid  from  public  funds.]  § 1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly,  That  it  shall  be  unlawful  for* any  board  or  com- 


TO  PROTECT  LABOR  OF  CITIZENS. 


259 


mission,  or  any  officer  or  other  person  acting  for  the  State,  or 
for  any  county,  township,  city,  village,  district,  or  other  mu- 
nicipality in  the  State,  or  any  contractor,  or  sub-contractor, 
under  any  or  either  of  said  municipalities,  to  employ  any  per- 
son or  persons,  other  than  native  born  or  naturalized  citizens, 
or  those  who  have  in  good  faith  declared  their  intentions  to 
become  citizens  of  the  United  States,  when  such  employes  are 
to  be  paid,  in  whole  or  in  part,  directly  or  indirectly,  out  of 
any  funds  raised  by  taxation. 

761.  Person  employing  labor  to  be  paid  out  of  public  funds 
to  make  list,  etc.]  § 2.  It  shall  be  the  duty  of  any  person 
or  persons  employing  labor  or  other  services,  to  be  paid  for, 
in  wdiole  or  in  part,  directly  or  indirectl}-,  out  of  any  funds 
raised  by  taxation,  to  tile  with  the  treasurer  or  disbursing  of- 
ficer of  such  funds  a certificate  showing  to  the  best  of  his 
knowledge ' and  belief  that  the  persons  so  employed,  and  on 
whose  account  payment  is  to  be  made  out  of  such  public  funds, 
are  citizens  of  the  United  States,  or  have  in  good  faith  de- 
clared their  intentions  to  become  such  citizens,  or  are  of  such 
age  or  sex  that  they  can  not  declare  their  intention  to  become 
citizens,  or  can  not  be  formally  declared  to  be  citizens  by  an 
order  of  a court  of  record. 

’ 762.  Penalty  for  violating  this  act.]  § 3.  Any  treasurer 
or  disbursing  officer,  wTho  shall  knowingly  or  willfully  pay  out 
any  of  the  funds  in  his  hands,  raised  by  taxation,  to  any  per- 
son not  a native  born  or  naturalized  citizen,  or  who  has  not 
in  good  faith  declared  his  intentions  to  become  a citizen,  for 
labor  or  any  other  services,  shall  be  liable  to  the  municipality 
to  which  such  funds  belonged  for  the  amount  so  paid,  to  be 
recovered  in  any  court  of  competent  jurisdiction:  Provided , 

that  when  such  payment  is  made  on  the  requisite  certificate 
of  the  employer,  no  liability  shall  attach  to  such  treasurer  or 
disbursing  officer. 

763.  Making  false  certificate — penalty.]  § 4.  Any  em- 

ployer, contractor  or  sub-contractor,  or  other  person,  whose 
employes  are  to  be  paid  in  whole  or  in  part,  directly  or  indi- 
rectly from  funds  raised  by  taxation,  who  shall  knowingly  or 
negligent!}-  make  false  certificate  that  said  employes  are  native 


STATUTES  RELATING  TO  CITY 


260 

or  naturalized  citizens,  or  have  declared  their  intentions  to 
become  citizens  for  the  purpose  of  drawing  such  funds  or  any 
part  thereof,  shall  be  personally  liable  to  the  municipality  to 
which  such  funds  belonged  for  the  amount  so  drawn,  and  any 
alien  who  earns  wages,  the  pay  for  which  is  to  come  out  of 
any  such  public  funds  by  falsely  representing  that  he  is  a na- 
tive or  naturalized  citizen,  or  has  declared  his  intention  to  be- 
come a citizen,  shall  forfeit  the  amount  so  earned.  Such  con- 
tract is  declared  null  and  void. 

764.  Employer  to  investigate  and  discharge  aliens.]  § 5. 

Whenever  any  employer,  contractor  or  sub-contractor,  by  writ- 
ten or  oral  information,  or  from  any  source  has  reason  to  be- 
lieve that  he  has  in  his  employ  persons  other  than  native  or 
naturalized  citizens,  or  those  who  have  in  good  faith  declared 
their  intentions  to  become  citizens,  whose  pay  is  to  be  drawn 
in  whole  or  in  part,  directly  or  indirectly,  from  such  public 
funds,  he  shall  at  once  investigate  the  matter,  and  if  he  shall 
find  said  information  to  have  been  correct,  he  shall  discharge 
such  employe  or  employes,  and  a failure  to  do  so  shall  render 
him  liable  to  the  municipality  to  which  such  funds  belonged 
for  any  of  such  funds  paid  to  such  alien  for  labor  or  services 
performed  after  such  discovery. 

765.  Failure  to  take  final  papers.]  § 6.  In  all  cases  where 
an  alien,  after  filing  his  declaration  of  intention  to  become  a 
citizen  of  the  United  States,  shall,  for  the  space  of  three  months 
after  he  could  lawfully  do  so,  fail  to  take  out  his  final  papers 
and  complete  his  citizenship,  such  failure  shall  be  prima  facie 
evidence  that  his  declaration  of  intentions  was  not  made  in  good 
faith. 

ELECTION'S,  BALLOT  BOXES. 

766.  § 1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly , That  the  act  ap- 
proved June  27,  1885,  and  in  force  July  1,  1885,  entitled  “An 
act  to  amend  an  act  approved  and  in  force  March  9,  1877,  and 
which  is  entitled  ‘An  act  to  amend  section  seven  of  article 
seven  of  an  act  entitled  ‘An  act  to  revise  the  law  in  relation 
to  township  organization/  ” approved  and  in  force  March  4, 
1874,  be  and  the  same  is  hereby  amended  so  that  the  portion 


ELECTIONS BALLOT  BOXES. 


261 


of  said  act  designated  therein  as  section  seven  shall  be  further 
amended  so  as  to  read  as  follows : 

767.  Ballot  boxes — polling  places — canvass — town  meet- 
ings.] § 7.  The  town  shall  supply  a suitable  ballot  box  or 
boxes,  to  be  kept  and  used  in  like  manner  as  ballot  boxes  in 
other  elections.  In  incorporated  towns  or  incorporated  vil- 
lages whose  limits  are  co-extensive  with  the  limits  of  a town, 
or  in  any  organized  town  where  the  number  of  voters  at  the 
last  preceding  general  election  exceeded  fomr  hundred  and 
fifty,  the  county  board  may  require  one  or  more  additional 
ballot  boxes  and  places  for  the  reception  of  votes  to  be  pro- 
vided, which  places  shall  be  selected  with  reference  to  the  con- 
venience of  the  electors  of  the  town,  and  the  county  board  in 
such  cases  shall  designate  at  which  of  said  polling  places  the 
miscellaneous  business  of  the  town  shall  be  transacted,  and 
shall  appoint  three  persons  in  each  precinct  to  serve  as  judges 
of  election : Provided , however , that  in  towns  which  lie  wholly 

within  the  limits  of  an  incorporated  city  and  in  any  town 
whose  territorial  limits  are  co-extensive  with  the  territorial 
limits  of  any  incorporated  city,  village  or  incorporated  town, 
the  common  council  of  such  city,  or  the  board  of  trustees  of 
such  incorporated  village  or  town,  shall  divide  such  towns  into 
election  precincts,  and  designate  the  voting  place  in  each  pre- 
cinct, and  appoint  three  judges  of  election  for  each  precinct, 
who  may  be  the  same  persons  as  are  appointed  as  judges  of 
election  for  city,  town  or  village  officers,  held  on  the  same  day; 
and  shall  also  designate  the  place  where  the  miscellaneous  bus- 
iness of  the  town  shall  be  transacted.  In  such  towns,  it  shall 
be  lawful  to  print  or  write  the'  names  of  candidates  for  city 
and  township  officers,  on  one  ballot,  and  use  only  one  ballot 
box  at  each  voting  place.  And  in  all* towns  that  are  thus  di- 
vided into  voting  precincts,  it  shall  be  the  duty  of  the  town 
clerk,  or  if  there  be  no  town  clerk,  it  shall  be  the  duty  of  the 
county  clerk  to  post  up,  in  three  of  the  most  public  places  of 
the  town,  a notice  of  each  of  the  places  in  the  town  where  the 
county  board,  city  council  or  board  of  trustees  has  directed  and 
required  the  election  to  be  held,  and  of  the  place  designated 
for  the  transaction  of  the  miscellaneous  business  of  the  town. 
The  town  meeting  for  the  transaction  of  such  miscellaneous 


STATUTES  11KLATJ  NO  TO  CITY. 


262 

business  in  such  towns  shall  be  held  at  the  hour  of  two  o’clock 
in  the  afternoon  of  said  day.  At  such  meeting  a moderator 
shall  be  chosen  to  preside,  by  the  electors  present,  and  the  town 
clerk  shall  act  as  clerk  of  said  meeting,  and  keep  a record  of  the 
proceedings  thereof.  The  judges  of  election,  in  their  respective 
precincts,  shall  cause  two  persons  having  similar  qualifications 
with  themselves  to  act  as  clerks  of  such  election,  and  said  judges 
and  clerks  shall  conduct  such  election  as  nearly  as  may  be  in 
accordance  with  the  general  election  laws  of  this  State  so  far 
as  applicable,  except  that  no  registration  of  voters  shall  be  re- 
quired; and  immediately  upon  closing  the  polls,  they  shall  can- 
vass the  votes  polled  in  the  manner  provided  in  the  general 
election  law  of  the  State,  and  make  a written  statement  or  certi- 
ficate of  the  number  of  votes  cast  at  such  election  for  each 
person  voted  for,  and  the  office  for  which  such  person  received 
such  votes,  and  shall,  within  forty-eight  hours  thereafter,  cause 
such  certificate  and  the  poll-lists,  together  with  the  ballots  cast 
at  such  election,  to  be  separate^  sealed  up  and  transmitted  to 
the  clerk  of  the  town.  The  supervisor,  together  with  the  asses- 
sor and  collector,  shall,  within  five  days  thereafter,  meet  and 
canvass  said  returns  and  declare  the  result  of  said  election: 
Picvided , further , that  this  act  shall  not  be  construed  in  any 
manner  to  amend,  modify  or  repeal  any  of  the  provisions  of  an 
act  entitled  “An  act  regulating  the  holding  of  elections  and 
declaring  the  result  thereof  in  cities,  villages  and  incorporated 
towns  in  this  State,”  approved  June  19,  1885,  nor  shall  the 
provisions  of  this  act  apply  to  or  affect  any  city,  village  or  in- 
corporated town  that  has,  by  a vote  of  the  electors  thereof, 
adopted  the  provisions  of  the  act  lgst  hereinabove  mentioned. 

[Approved  May  25,  1889. 

AN  ACT  to  prevent  animals  from  running  at  large  within  the  corporate  limits  of 

incorporated  cities,  villages  and  towns.  [Approved  June  16,  1891. 

768.  Prohibits  animals  from  running  at  large  in  cities, 
towns  and  villages.]  § 1.  Be  it  evicted  by  the  People  of  the 
State  of  Illinois,  represented  in  the  General  Assembly,  That  do- 
mestic animals  of  the  species  of  horse,  mule,  ass,  cattle,  sheep, 
goat  or  swine,  shall  not  be  allowed  to  run  at  large  within  the 
corporate  limits  of  any  incorporated  city,  village  or  town  in 
this  State,  any  law  or  ordinance  to  the  contrary  notwithstanding. 


BONDS — MUNICIPAL. 


263 


769.  Penalties.]  § 2.  Any  owner  of  any  such  domestic 
animal,  who  shall  suffer  or  allow  the  same  to  run  at  large  in 
an}*  incorporated  city,  village  or  town  within  this  State  shall 
be  fined  in  any  sum  of  not  less  than  one  dollar  nor  more  than 
ten  dollars  for  each  and  every  animal  so  suffered  or  allowed 
to  run  at  large,  which  fine  may  be  recovered  before  any  justice 
of  the  peace  of  the  county. 

770.  Animals  may  be  held  for  fines  and  damages.]  .§  3. 

Whenever  any  such  domestic  animal  shall  be  found  running 
at  large  contrary  to  the  provisions  of  this  act,  the  same  may 
be  restrained  by  any  resident  of  the  incorporated  city,  village 
or  town  m which  the  same  is  found  running  at  large  until  the 
fine  and  costs  are  paid,  and  also  all  damages  done  by  any  such 
domestic  animal  so  running  at  large,  to  the  property  of  the 
person,  restraining. 

BONDS — MUNICIPAL. 

AN  ACT  to  amend  an  act  approved  April  27.  1877,  entitled,  “An  act  to  amend 
an  act  entitled  an  act  relating  to  county  and  city  debts,  and  to  provide  for  the 
payment  thereof  by  taxation  in  such  counties  and  cities,  approved  February 
13,  1865,  and  to  amend  the  title  thereof.”  [Approved  June  4,  1879.  In  force 
July  1,  1879. 

771.  New  bonds  may  be  issued  for  indebtedness  in  place  of 
old  ones.]  § 1.  That  in  all  cases  where  any  county,  city, 
town,  township,  school  district,  or  other  municipal  corporation, 
has  issued  bonds  or  other  evidences  of  indebtedness,  for  money, 
or  has  contracted  debts,  which  are  the  binding  subsisting  legal  ob- 
ligations of  such  county,  city,  town,  township,  school  district,  or 
other  municipal  corporation,  and  the  same,  or  any  portion  thereof 
remain  outstanding  and  unpaid,  it  shall  be  lawful  for  the  proper 
corporate  authorities  of  any  such  county,  city,  town,  township, 
school  district,  or  other  municipal  corporation,  upon  the  sur- 
render of  any  such  bonds  or  other  evidences  of  indebtedness, 
or  any  number  or  portion  thereof,  to  issue,  in  lieu  or  place 
thereof,  to  the  owners  or  holders  of  the  same,  new  bonds  pre- 
pared as  hereinafter  directed,  and  for  such  amounts,  upon  such 
time  not  exceeding  twenty  years,  payable . at  such  place,  and 
bearing  such  rate  of  interest,  not  exceeding  seven  per  centum 
per  annum,  as  may  be  agreed  upon  with  the  owners  or  holders 
of  such  outstanding  bonds  or  other  evidences  of  indebtedness: 
Provided , that  bonds  issued  under  this  act,  to  mature  within 


2C-A 


STATUTES  NEGATING  TO  CITY. 


five  years  from  llicir  date,  may  bear  interest  not  to  exceed  eight 
per  cent,  per  annum.  And  it  shall  also  be  lawful  for  the  proper 
corporate  authorities  of  any  such  county,  city,  town,  township, 
school  district  or  other  municipal  corporation,  to  cause  to  be 
thus  issued,  such  new  bonds  and  sell  the  same,  to  raise  money 
to  purchase  or  retire  any  or  all  of  such  outstanding  bonds  or 
other  evidences  of  indebtedness;  the  proceeds  of  the  sales  of 
such  new  bonds  to  be  expended,  under  the  direction  of  the  cor- 
porate authorities  aforesaid,  in  the  purchase  or  retiring  of  the 
outstanding  bonds  or  other  evidences  of  indebtedness  of  such 
county,  city,  town,  township,  school  district,  or  other  municipal 
corporation,  and  for  no  other  purpose  whatever.  All  bonds,  or 
other  evidences  of  indebtedness,  issued  under  the  provisions  of 
this  act,  shall  show  upon  their  face  that  they  are  issued  under 
this  act,  and  the  purpose  for  which  they  are  issued,  and 
shall  be  of  uniform  design  and  style,  throughout  the  State,  to 
bo  prescribed  by  the  State  Auditor,  whose  imperative  duty  it 
shall  be  to  devise  and  prepare  such  uniform  style  and  draft 
adapted  to  the  classes  of  bonds  hereiii  provided  for,  namely: 
The  first  class  to  consist  of  bonds  of  which  only  the  interest 
is  payable  annually;  the  second  class  to  consist  of  those  of  which 
the  interest  and  five  per  centum  of  the  principal  are  to  be  paid 
annually,  and  the  third  class  to  consist  of  a graduated  series,  the 
first  grade  made  payable,  principal  and  interest,  at  the  end  of 
one  year  from  the  date  of  issue;  the  second  at  the  end  of  two 
years,  and  thus  to  the  end  of  the  series,  the  class  to  be  issued 
being  at  the  option  of  the  legal  voters  expressed  as  herein  pro- 
vided. In  any  case,  the  new  bonds,  or  other  evidences  of  in- 
debtedness, authorized  to  be  issued  by  this  act,  shall  not  be  for 
a greater  sum,  in  the  aggregate,  than  the  principal  and  accrued 
or  earned  interest,  unpaid,  of  such  outstanding  bonds  or  other 
evidences  of  indebtedness.  And  when  such  new  bonds,  or  other 
evidences  of  indebtedness,  shall  have  been  issued  in  order  to  be 
placed  on  the  market  and  sold  to  obtain  proceeds  with  which 
to  retire  outstanding  bonds,  or  other  evidences  of  indebtedness, 
it  shall  be  the  duty  of  the  State  Auditor,  on  the  request  of  the 
corporate  authorities  issuing  them,  and  at  the  expense  of  the 
corporation  in  whose  behalf  the  issue  is  thus  made,  to  negotiate 
the  same,  at  not  less  than  par  value,  and  on  the  best  terms  which 


BONDS — MUNICIPAL. 


265 


•can  be  obtained:  Provided,  always,  that  any  such  county,  city, 

town,  township,  school  district  or  other  municipal  corporation 
issuing  bonds  under  the  provisions  of  this  act,  may,  through  its 
corporate  authorities  duly  authorized,  negotiate,  sell  or  dispose 
■of  said  bonds,  or  any  part  thereof,  at  not  less  than  their  par 
value,  without  the  intervention  of  the  Auditor  of  State.  And 
'provided,  further , that  no  new  bonds,  or  other  evidences  of  in- 
debtedness, shall  be  issued  under  this  act,  unless  the  same  shall 
be  first  authorized,  as  hereinafter  provided,  by  a vote  of  a 
majority  of  the  legal  voters  of  such  county,  city,  town,  township, 
school  district,  or  other  municipal  corporation  voting  at  some 
general  election,  or  special  election  held  for  that  purpose. 

772.  Valuation  of  taxable  property  to  be  indorsed  on  bond.] 

§ 2.  In  all  cases  where  any  county,  city,  town,  township,  school 
district  or  other  municipal  corporation  shall  issue  any  bonds, 
or  other  evidences  of  indebtedness,  under  this  act,  it  shall  be  the 
duty  of  the  county  clerk  of  such  count}r,  or  other  officer  to  whom, 
or  to  whose  office,  the  assessment  rolls  for  State  taxation  of  the 
property  within  such  county,  city,  town,  township,  school  dis- 
trict, or  other  municipal  corporation,  are  or  shall  be  returnable, 
within  five  days  after  the  total  value  of  the  property  subject 
to  taxation  therein  shall  be  returned  to  him,  to  make  out  and 
transmit  to  the  Auditor  of  Public  Accounts,  to  be  filed  in  his 
office,  a certificate  setting  forth  the  total  value  of  all  taxable 
property,  of  every  nature  and  description,  within  such  county, 
city,  town,  township,  school  district,  or  other  municipal  corpora- 
tion, as  exhibited  by  such  assessment;  and  it  shall  be  the  duty 
of  the  Auditor  of  Public  Accounts  to  place  on  the  back  of  all 
new  bonds,  or  other  evidences  of  indebtedness,  issued  under  the 
provisions  of  this  act,  a certificate  setting  forth  an  aggregate 
statement  of  the  amount  of  valuation  of  the  taxable  property 
of  the  municipal  corporation  issuing  such  new  bonds,  or  other 
evidences  of  indebtedness ; said  certificate  specifically  distin- 
guishing the  value  of  real  estate  and  personal  property,  and 
being  based  on  the  return  provided  for  in  this  section,  or,  if 
there  should  be  no  such  return  made  by  the  county  clerk  to  the 
State  Auditor,  then  based  on  an  affidavit  made  by  the  officials 
of  the  corporation  issuing  the  bonds. 


STATUTES  It  ELATING  TO  CITY.  . 


206 

773.  Election — notice.]  § 3.  It  shall  be  lawful  for  the 
corporate  authorities  of  any  such  municipal  corporation,  or 
officers  authorized  by  law  to  call  elections  therein,  on  the  peti- 
tion of  ten  legal  voters,  resident  therein,  to  submit  to  the  voters 
thereof,  at  any  general  or  special  election,  the  question  of  issu- 
ing bonds  under  this  act,  by  posting  a notice  in  ten  of  the  most 
public  places  therein,  and  by  publishing  the  same  in  the  nearest 
newspaper,  twenty  days  before  said  election,  which  notice  shall 
state  the  number  and  amount  of  the  bonds  proposed  to  be  issued; 
the  kind  or  class  thereof  as  specified  in  the  first  section  of  the 
act  of  1805,  as  hereby  amended,  and  as  also  amended  by  the 
said  act  of  1877;  the  amount  of  each;  the  rate  of  interest,  under 
the  limitation  of  this  amendatory  act;  when  and  where  payable; 
for  what  purpose  issued,  and  the  time  and  place  when  and  where 
said  election  will  be  held.  And  upon  like  petition  and  notice, 
it  shall  be  lawful  for  such  corporate  authorities,  or  officers,  to 
submit  the  question  of  issuing  bonds  under  this  act,  at  a special 
election,  which  shall  be  held  and  conducted  in  like  manner  as 
other  elections  therein.  The  ballots  shall  read  “For  issuing  the 
bonds,”  or  “Against  issuing  the  bonds.”  If  a majority  of  the 
votes  cast  be  “For  issuing  the  bonds,”  the  same  shall  be  issued 
in  conformity  to  the  specifications  of  said  notice.  Nothing  con- 
tained in  this  act,  or  in  the  acts  to  which  this  is  an  amendment, 
shall  be  held  to  repeal,  or  in  any  wise  affect  the  power  of  the 
city  of  Chicago,  to  issue  new  bonds  of  said  city  conferred  by  an 
act  of  the  General  Assembly,  approved  February  13,  1865, 
amending  the  charter  of  said  city,  nor  to  in  anywise  affect  any 
other  law  which  authorizes  municipal  corporations  to  issue 
bonds,  or  other  evidences  of  intebtedness,  and  whieh  does  not 
provide  for  the  registration  thereof. 

774.  Registration.]  § 4.  Upon  the  surrender  of  any  bond, 
or  other  evidence  of  indebtedness,  under  this  act,  the  same  shall 
be  endorsed  canceled,  and  shall,  from  time  to  time,  be  destroyed, 
under  the  direction  of  the  authority  issuing  the  same.  Upon 
the  issuing  of  any  new  bond,  or  other  shall  state  the  class,  date, 
number,  amount,  rate  of  interest  and  date  of  maturity  of  the  ' 
bonds,  the  aggregate  equalized  value  of  real  property,  and  the 
aggregate  equalized  value  of  personal  property  assessed  in  such 
locality,  for  the  previous  year,  together  with  any  other  informa- 


BONDS — MUNICIPAL. 


2G7 


tion  in  relation  thereto,  which  may  be  demanded  by  the  Auditor 
of  Public  Accounts. 

775.  Auditor  to  certify  rate  required.]  § 5.  When  the 
bonds,  or  other  evidences  of  indebtedness,  of  any  county,  city, 
town,  township,,  school  district,  or  other  municipal  corporation, 
shall  be  so  registered,  the  Auditor  of  Public  Accounts  shall 
annually  ascertain  the  amount  of  principal  and  interest  due  and 
accrued,  and  to  accrue,  for  the  current  year,  on  all  such  bonds, 
and  evidences  of  indebtedness,  so  registered  in  his  office,  and 
shall,  upon  the  basis  of  the  certificate  of  the  valuation  of  pro- 
perty to  be  transmitted  to  him,  as  aforesaid,  ol,  in  case  no  such 
certificate  shall  be  transmitted  to  him  or  filed  in  his  office,  then 
upon  the  basis  of  the  total  valuation  of  the  property  in  such 
county,  city,  town,  township,  school  district,  or  other  municipal 
corporation,  for  the  year  next  preceding,  estimate  and  determine 
the  rate  per  centum,  upon  the  valuation  of  such  property,  re- 
quisite to  meet  and  satisfy  the  said  interest,  or  interest  and 
principal,  as  the  case  may  be,  together  with  the  ordinary  cost 
to  the  State,  of  the  collection  and  disbursement  of  the  same,  to 
be  estimated  by  the  Auditor  and  State  Treasurer,  and  shall  make 
and' transmit  to  the  county  clerk  of  such  county,  or  of  the  county 
in  which  such  city,  town,  township,  school  district,  or  other 
municipal  corporation  is  situated,  or  to  the  officer  or  authority 
whose  duty  it  is,  or  may  be,  to  prepare  the  estimate,  and  books 
for  the  collection  of  State  taxes  in  such  county,  city,  town,  towm- 
ship,  school  district,  or  other  municipal  corporation,  a certificate 
setting  forth  such  estimated  requisite  per  centum  for  such  pur- 
poses, to  be  filed  in  his  office;  and  the  said  per  centum  shall 
thereupon  be  deemed  added  to  and  a part  of  the  per  centum 
which  is  or  may  be  levied,  or  provided  by  law,  for  the  purposes 
of  State  revenue,  and  shall  be  so  treated  by  such  clerk,  officer 
or  authority  in  making  such  estimates  and  books  for  the  collec- 
tion of  State  taxes,  and, the  said  taxes  shall  be  collected  with 
the  State  taxes,  and  all  laws  relating  to  the  State  revenue  shall 
apply  thereto,  except  as  herein  otherwise  provided.  Provided , 
that  it  shall  be  lawful  for  the  county  collector,  at  any  time  before 
settlement  with  the  State  Treasurer,  to  pay  from  such  taxes  any 
coupons  that  are  due,  for  interest  that  may  be  presented 
for  payment,  and  to  pay  from  any  surplus,  not  required  for  in- 


208 


STATUTES  RELATING  TO  CITY. 


terest  purposes,  the  principal  of  any  such  bond  that  may  be 
presented  for  payment,  whether  due  or  not;  and  in  settlement 
with  the  State  Treasurer  the  county  collector  shall  be  credited 
with  such  paid  coupons  and  bonds  the  same  as  money. 

776.  State  custodian — collection — payment.]  § 6.  The 

State  shall  be  deemed  the  custodian  only  of  the  tax  so  collected, 
and  shall  not  bo  deemed,  in  any  manner,  liable  on  account  of 
such  bonds,  or  other  evidences  of  indebtedness;  but  the  tax  and 
funds  so  collected  shall  be  deemed  pledged  and  appropriated 
to  the  payment  of  the  principal  and  interest  of  the  registered 
bonds,  and  evidences  of  indebtedness,  to  satisfy  which  the  same 
is  hereinbefore  provided  to  be  collected,  as  aforesaid,  and  such 
new  bonds,  and  evidences  of  indebtedness,  issued  under  the 
authority  hereof,  shall  be  deemed  secured  and  provided  for,  in 
virtue  and  faith  hereof,  until  fully  satisfied.  The  State  shall 
annually  collect  and  apply  the  said  fund  to  the  satisfaction  of 
the  interest,  or  interest  and  portion  of  the  principal,  as  the  case 
may  be,  of  such  registered  bonds,  or  evidences  of  indebtedness, 
of  anv  such  county,  city,  town,  township,  school  district,  or  other 
municipal  corporation,  to  the  extent  the  same  is  herein  con- 
templated to  be  derived  from  such  tax,  in  the  same  manner 
as  the  interest  on  the  bonds  of  the  State  is  or  may  be  collected 
or  paid,  and  in  like  moneys  as  shall  be  receivable  in  payment 
of  State  taxes;  and  moneys  so  paid  upon  the  principal  of  any 
such  bonds,  or  evidences  of  indebtedness,  shall  be  endorsed 
thereon,  and  due  receipts  therefor  shall  be  taken  and  filed  in  the 
office  of  the  Auditor  of  Public  Accounts,  or  State  Treasurer,  and 
interest  coupons  or  bonds  or  other  evidences  of  indebtedness, 
so  paid,  shall  be  returned  to  one  of  said  officers,  and  shall  be 
cancelled  and  returned  to  the  corporate  authorities  of  the  muni- 
cipality which  issued  the  same,  in  the  manner  now  provided  by 
law. 

777.  How  money  disbursed.]  § 7.  The  State  ma}T,  out  of 
such  fund,  first  retain  or  satisfy  the  ordinary  cost  to  the  State 
of  the  collection  and  disbursement  thereof;  and  in  case  of  the 
non-presentment  of  any  such  bond,  or  evidence  of  indebtedness, 
or  interest  coupon  of  any  such  county,  city,  town,  township, 
school  district,  or  other  municipal  corporation,  for  payment,  at 
the  times  and  when  and  where  the  interest  on  the  State  debt 


BONDS — MUNICIPAL. 


269 


is  or  may  be  paid,  then,  on  the  beginning  of  the  next  year,  the 
moneys  by  reason  thereof  undisbnrsed,  together  with  any  surplus 
for  any  cause  remaining,  shall  be  carried  to  the  fund  of  such 
county,  city,  town,  township,  school  district,  or  other  municipal 
corporation,  of  the  current  or  ensuing  year,  and  be  considered 
by  the  Auditor  in  making  his  next  estimate  for  taxation  therein 
for  such  year  under  this  act,  and  shall  be  applied  accordingly. 
All  laws  relating  to  the  payment  of  interest  on  the  State  debt, 
or  the  cancellation  of  the  evidences  {hereof,  not  inconsistent 
with  this  act,  shall  apply  to  the  receipt,  custody  and  disburse- 
ment of  the  taxes  and  funds  provided  by  this  act. 

778.  When  registered  bonds  mature  and  are  not  paid.] 

§ 8.  Upon  the  maturity  of  such  registered  bond,  or  other  evi- 
dence of  indebtedness,  and  the  non-payment  thereof  by  the 
county,  city,  town,  township,  school  district,  or  other  municipal 
corporation,  issuing  the  same,  the  holder  thereof  may  cause  the 
same  to  be  registered  in  the  office  of  the  Auditor,  as  a matured 
or  unsatisfied  bond,  or  evidence  of  indebtedness,  and  thereupon, 
for  the  purpose  of  providing  for  the  payment  of  the  principal 
thereof,  at  the  rate  of  five  per  centum  of  such  principal,  annually, 
and  of  the  interest  thereon  in  arrear,-  and  for  the  current  year 
to  accrue,  together  with  the  cost  to  the  State  of  the  collection 
and  disbursement  thereof,  as  aforesaid ; the  same  proceedings, 
in  all  respects,  shall  be  had  as  is  hereinbefore  provided  for  the 
payment  of  the  interest  on  such  bonds  and  evidences  of  indebted- 
ness, by  the  collection  of  an  annual  tax  sufficient  for  the  pur- 
poses in  the  section  contemplated;  and  the  same  shall  be  col- 
lected and  applied,  as  aforesaid,  to  such  purpose,  from  year  to 
year,  until  the  full  satisfaction  thereof,  when  such  bonds,  or 
evidences  of  indebtedness,  shall  be  canceled,  and  returned  as 
hereinbefore  provided. 

779.  Entry  of  payment.]  § 9.  Upon  the  payment  of.  any 
such  registered  bond,  or  evidence  of  indebtedness,  and  presenta- 
tion thereof  to  the  Auditor,  he  shall  cause  due  entry  thereof  to 
be  made  in  his  office. 

780.  Fees — collector’s  bond.]  § 10.  There  shall  be 
allowed  to  the  officers  collecting  and  paying  over  the  taxes 
authorized  to  be  collected  under  the  provisions  of  this  act,  the 


270 


STATUTES  It  ELATING  TO  CITY. 


same  fees  or  compensation  as  is  allowed  by  law  for  collecting 
and  paying  over  State  taxes,  and  where  such  tax  is  levied,  the 
bonds  of  the  collectors  thereof  shall  be  increased  in  proportion 
to  the  estimated  amount  of  such  tax  to  be  collected. 

781.  Bonds — by  whom  executed.]  § 11.  All  bonds  issued 

under  this  act  shall  be  executed  on  behalf  of  the  municipalities 
issuing  the  same,  by  the  following  named  officers,  viz:  On  be- 

half of  counties  under  the  township  organization  laws  of  this 
State,  by  the  chairman  of  the  board  of  supervisors,  and  the  clerk 
of  the  county  court  attesting  the  same  with  his  signature  and 
official  seal.  On  behalf  of  counties  not  under  township  organiza- 
tion, by  the  acting  chairman  of  the  board  of  county  commis- 
sioners, together  with  the  clerk  of  the  county  court  attesting 
the  same  with  his  signature  and  official  seal.  On  behalf  of 
cities,  by  the  mayor  and  city  clerk,  together  with  the  seal  of  the 
city.  On  behalf  of  towns  organized  under  the  township  organi- 
zation law  of  this  State,  by  the  supervisor  or  supervisors  of  such 
town  (as  the  case  may  be)  and  the  town  clerk  of  such  towns. 
On  behalf  of  all  other  municipalities  hereinbefore  mentioned, 
by  the  president,  chairman,  or  chief  executive  officer  thereof, 
together  with  the  clerk  or  secretary  thereof : Provided , that 

nothing  herein  contained  shall  be  so  construed  as  to  authorize 
the  officers  herein  mentioned  to  issue  bonds  under  this  act,  ex- 
cept upon  a majority  vote  of  the  voters,  as  hereinbefore  provided. 
[This  section  added  to  the  foregoing  act  by  act  approved  May 
28,  1879,  in  force  July  1,  1879. 

AN  ACT  to  provide  for  the  printing:  and  distribution  of  ballots  at  public  expense, 

and  for  the  nomination  of  candidates  for  public  offices,  to  regulate  the  manner 

of  holding  elections,  and  to  enforce  the  secrecy  of  the  ballot. 

782.  Printing  and  delivery  of  ballots — cards  of  instruction.] 

§ 2.  The  printing  and  delivery  of  the  ballots  and  cards  of  in- 
struction to  voters  hereinafter  described,  shall,  in  municipal 
elections  in  cities,  villages  and  incorporated  towns,  be  paid  for 
by  the  several  cities,  villages  and  incorporated  towns  respectively, 
and  in  town  elections  by  the  town,  and  in  all  other  elections  the 
printing  of  the  ballots  and  cards  of  instruction  for  the  voters 
in  each  county  and  the  delivery  of  them  to  the  several  voting 
precincts  and  election  districts  shall  be  paid  for  by  the  several 


BON  DS — MU  NICIPA  L. 


271 


counties  respectively.  The  term  "general  election”  as  used  in 
this  act,  shall  apply  to  any  election  held  for  the  choice  of  a 
national,  State,  judicial,  district  or  county  officer,  whether  for 
the  full  term  or  for  the  filling  of  a vacancy.  The  term  "city 
election”  shall  apply  to  any  municipal  election  held  in  a city, 
village,  or  incorporated  town. 

********** 

783.  Nominations.]  § 5.  Nominations  of  candidates  for 

any  office  to  be  filled  by  the  voters  of  the  State  at  large  may 
also  be  made  by  nomination'  papers,  signed  in  the  aggregate  for 
each  candidate  by  not  less  than  one  thousand  (1,000)  qualified 
voters  of  the  State.  Nominations  of  candidates  for  office  Avithin 
any  district  or  political  division  less  than  the  State  and  in  all 
cities  having  a population  in  excess  of  5,000  may  be  made  by 
nomination  papers  signed  in  the  aggregate  for  each  candidate 
by  qualified  voters  of  such  district  or  political  division  not  less 
than  one  for  each  fifty  persons  who  voted  at  the  next  preceding 
general  election  in  such  district  or  division,  but  in  no  case  by 
less  than  twenty-five  (25).  In  elections  to  be  held  in  a town, 
village,  precinct  or  ward,  and  in  all  cities  Avith  a population  not 
exceeding  5,000,  the  signature  of  voters  thereof  equaling  5 per 
cent,  of  the  vote  cast  therein  at  the  last  preceding  election  shall 
be  sufficient  for  the  nomination  of  a candidate  Avho  is  to  be  voted 
for  only  in  such  toAvn,  village,  precinct  or  Avard  or  city.  Each 
voter  signing  a nomination  paper  shall  add  to  his  signature  his 
place  of  residence,  and  each  voter  may  subscribe  to  one  nomina- 
tion for  each  office  to  be  filled  and  no  more:  Provided,  that 

the  name  of  any  candidate  whose  name  may  appear  in  any  other 
place  upon  the  ballot  shall  not  be  so  added  by  petition  for  the 
same  office. 

784.  Certificates  of  nomination  and  nomination  papers.] 

§ 7.  Certificates  of  nomination  and  nomination  papers  for  the 
nomination  of  candidates  for  office  to  be  filled  by  the  electors 
of  the  entire  state,  or  any  division  or  district  greater  than  a 
county,  shall  be  filed  with  the  Secretary  of  State  at  least  thirty 
days  previous  to  the  day  of  election  for  which  the  candidates 
are  nominated.  All  other  certificates  for  the  nomination  of 
candidates  shall  be  filed  Avith  the  county  clerk  of  the  respective 


STATUTES  RELATING  TO  CITY. 


070 

/V  I V 

counties  at  least 'thirty  days  previous  to  the  day  of  such  election: 
Provided,  that  certificates  of  nomination  and  nomination  papers 
for  the  nomination  of  candidates  for  the  offices  in  erties,  villages 
and  incorporated  towns  and  for  town  offices  in  counties  under 
township  organization  shall  be  filed  with  the  clerks  of  the  towns, 
cities,  villages  and  incorporated  towns  at  least  fifteen  days  previ- 
ous to  the  day  of  such  election. 

785.  Objections  to  nominations.]  § 10.  Objections  or 

questions  arising  in  the  case  of  nominations  of  city,  town  or 
village  officers  shall  be  considered  by  the  mayor  or  president 
of  the  board  of  trustees,  and  the  city,  town  or  village  clerk,  with 
whom  one  alderman  or  trustee  thereof,  as  the  case  may  be,  chosen 
by  lot  shall  act,  and  the  decision  of  a majority  of  such  officers 
shall  be  final.  Such  objections  arising  in  the  case  of  nomina- 
tions of  town  officers  shall  be  considered  by  the  board  of  auditors 
of  such  town,  and  the  decision  of  a majority  of  such  auditors 
shall  be  final.  In  any  case  where  such  objection  is  made,  notice 
shall  forthwith  be  given  to  the  candidates  affected  thereby, 
addressed  to  their  places  of  residence  as  given  in  the  nomination 
papers  and  stating  the  time  and  place  when  and  where  such 
objections  will  be  considered:  Provided , that  in  cities,  towns 

or  villages  having  a board  of  election  commissioners  such  ques- 
tions shall  be  considered  by  such  board  and  its  decision  shall 
be  final. 

786.  Printing  of  ballots — charge  of.]  § 15.  For  all  elec- 
tions to  which  this  act  applies,  the  county  clerks,  in  their  re- 
spective counties,  shall  have  charge  of  the  printing  of  the  ballots 
for  all  general  elections,  and  shall  furnish  them  to  the  judges 
of  election;  the  city,  town  or  village  clerk  shall  have  charge 
thereof  and  furnish  them  in  all  city  elections,  and  the  town  clerk 
in  counties  under  township  organization  shall  have  charge 
thereof  and  furnish  the  same  in  all  town  elections  to  which  this 
act  applies : 

787.  Opening  and  closing  polls.]  § 34.  At  all  elections  - 
to  which  this  act  applies,  except  at  elections  held  in  cities,  vil- 


ELECTORS — REGULATION  OF. 


273 


lages  and  incorporated  towns  which  have  heretofore  adopted 
or  may  hereafter  adopt  the  provisions  of  an  act  entitled  “An 
Act  regulating  the  holding  of  elections  and  declaring  the  re- 
sults thereof  in  cities,  villages  and  incorporated  towns,”  ap- 
proved J une  19,  1885,  the  polls  shall  be  opened  at  seven  o’clock 
in  the  morning  and  shall  be  closed  at  five  in  the  evening. 

ELECTORS — REGISTRATION  OF. 

AN  ACT  to  amend  section  one  (1)  of  an  act  entitled  ‘ ‘An  Act  for  the  Registry  of 

Electors,  and  to  prevent  fraudulent  voting,”  approved  and  in  force  February 

15,  1865.  [Approved  May  31,  1879.  In  force  July  1,  1879. 

788.  Board  of  registration — meeting — register — for  munici- 
pal election.]  § 1.  Be  it  enacted  by  the  People  of  the  State 
of  Illinois , represented  in  the  General  Assembly , That  section 
one  of  an  act  entitled  “An  Act  for  the  registry  of  electors,  and 
to  prevent  fraudulent  voting,”  be  amended  so  as  to  read  as 
follows : 

That  the  persons  authorized  by  law,  or  appointed  pursuant 
to  any  town  or  city  ordinance,  to  act  as  judge9  or  inspectors  of 
elections  in  any  town,  city  or  ward  or  other  election  district 
or  precinct  in  this  State,  shall  constitute  a “Board  of  Regis- 
try” for  their  respective  towns,  cities,  wards,  districts  or  pre- 
cincts, and  shall  meet  on  Tuesday,  three  weeks  preceding  any 
State  election,  at  nine  o’clock  A.  M.,  and  proceed  to  make  a 
list,  as  hereinafter  prescribed,  of  all  persons  qualified  and  en- 
titled to  vote  at  the  ensuing  election,  in  the  election  district 
of  which  they  are  the  judges  or  inspectors;  which  list,  when  com- 
pleted, shall  constitute  and  be  known  as  the  “Register”  of  elec- 
tors of  said  election  district.  In  election  districts  in  towns 
which  lie  wholH  within  the  limits  of  an  incorporated  city,  a 
register  of  electors  shall  be  made  for  all  elections,  whether 
general,  special,  local  or  municipal  in  the  same  manner  as 
herein  provided  in  the  case  of  State  elections.1 

789.  Repeal.]  § 2.*  All  acts  or  parts  of  acts  inconsistent 
herewith,  are  hereby  repealed.  [See  “Registration  of  Electors,” 
chap.  46,  Rev.  Stat.  (Hurd)  1883. 


1.  Where  a person  votes  at  an  election  without  having  been  registered,  and 
without  any  proof  of  right,  if  it  does  not  appear  he  was  challenged,  or  any  objec- 
tion made  to  his  voting,  the  presumption  is  that  he  was  a legal  voter,  and  so 
known  to  the  judges  of  the  election.  Dale  vs.  Irwin,  78  111.,  172. 


274 


STATUTES  RELATING  TO  CITY. 


EVIDENCE. 

AN  ACT  in  regard  to  evidence  and  depositions  in  civil  cases.  [Approved  March 
^0.  1872.  In  force  July  1,  1872. 

if:*******#* 

790.  Records  of  cities,  etc., — how  certified.]  § 14.  The 

papers,  entries,  records  and  ordinances,  or  parts  thereof,  of 
any  city,  village,  town  or  county,  may  be  proved  by  a copy 
thereof,  certified  under  the  hand  of  the  clerk  or  keeper  thereof, 
and  the  corporate  seal,  if  there  he  any;  if  not,  under  his  hand 
and  private  seal. 

791.  Records,  etc.,  of  private  corporations — how  certified.] 

§ 15.  The  papers,  entries  and  records  of  any  corporation  or 
incorporated  association,  may  be  proved  by  a copy  thereof,  cer- 
tified under  the  hand  of  the  secretary,  clerk,  cashier  or  keeper 
of  the  same.  If  the  corporation  or  incorporated  association  has 
a seal,  the  same  shall  be  affixed  to  such  certificate. 

792.  Form  of  certificate.]  § 16.  The  certificate  of  any 
such  clerk  of  a court,  city',  village,  town,  county,  or  secretary, 
clerk,  cashier,  or  other  keeper  of  any  such  papers,  entries,  records 
or  ordinances,  shall  contain  a statement  that  such  person  is 
the  keeper  of  the  same,  and  if  there  is  no  seal,  shall  so  state. 

#########* 

793.  Sworn  copies.]  § 18.  Any  such  papers,  entries, 
records  and  ordinances,  may  be  proved  by  copies  examined  and 
■sworn  to  by  credible  witnesses. 

794.  Penalty.]  § 19.  If  any  such  officer,  clerk,  secretary, 
cashier,  justice  of  the  peace,  or  other  person  authorized  to  cer- 
tify copies  of  any  papers,  entries,  records  or  ordinances,  shall 
knowingly  make  a false  certificate,  he  shall  be  punishable  in 
the  same  manner  as  if  he  were  guilty  of  perjury. 

INSURANCE  COMPANIES.  ' 

AN  ACT  to  amend  section  thirty  (30)  of  an  act  entitled  “An  act  to  incorporate 
arid  to  govern  fire,  marine  and  inland  navigation  insurance  companies,  doing 
business  in  the  State  of  Illinois,  ” approved  March  11,  1869.  [Approved  May 
31,  1879.  In  force  July  1,  1879. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois , repre- 
sented in  the  General  Assembly , That  section  thirty  (30)  of 
an  act  entiteld  “An  Act  to  incorporate  and  to  govern  fire,  ma- 
rine and  inland  navigation  insurance  companies,  doing  bus- 


WARRANTS. 


275 


ness  in  the  State  of  Illinois,”  approved  March  11,  1869,  be  and 
the  same  is  hereby  so  amended  as  to  read  as  follows : 

795.  Tax  on  net  receipts.]  § 30.  Every  agent  of  any 

insurance  company,  incorporated  by  authority  of  any  other 
state  or  government,  shall  return  to  the  proper  officer  of  the 
county,  town  or  municipality  in  which  the  agency  is  estab- 
lished, in  the  month  of  May  annually,  the  amount  of  the  net 
receipts  of  such  agency  for  the  preceding  year,  which  shall  be 
entered  on  the  tax  lists  of  the  county,  town  and  municipality, 
and  subject  to  the  same  rate  of  taxation,  for  all  purposes — 
State,  county,  town  and  municipal — that  other  personal  prop- 
erty is  subject  to  at  the  place  where  located;  said  tax  to  be 
in  lieu  of  all  town  and  municipal  licenses;  and  all  laws  and 
parts  of  laws  inconsistent  herewith  are  hereby  repealed:  Pro- 

vided, that  the  provisions  of  this  section  shall  not  be  construed 
to  prohibit  cities  having  an  organized  tire  department  from 
levying  a tax,  or  license  fee,  not  exceeding  two  per  cent.,  in 
accordance  with  the  provisions  of  their  respective  charters,  on 
the  gross  receipts  of  such  agency,  to  be  applied  exclusively  to  the 
support  of  the  tire  department  of  such  city. 

WARRANTS. 

AN  ACT  to  provide  for  the  manner  of  issuing  warrants  upon  the  treasurer  of  any  ^ 
county,  township,  city,  school  district  or  other  municipal  corporation  and 
jurors’  certificates.  [Approved  May  31,  1879.  In  force  July  1,  1879.  Laws  187  9 
p.  78. 

796.  When  warrants  may  be  drawn.]  § 1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois , represented  in  the  General 
Assembly , That  warrants  payable  on  demand,  shall  hereafter 
be  drawn  and  issued  upon  the  treasurer  of  this  State  or  of  any 
county,  township,  city,  school  district  or  other  municipal  cor- 
poration, or  against  any  fund  in  his  hands,  only  when  at  the 
time  of  the  drawing  and  issuing  of  such  warrants,  there  shall 
be  sufficient  money  in  the  appropriate  fund  in  the  treasury  to 
pay  said  warrants. 

797.  Not  sufficient  money — issue  of  warrants.]  § 2. 

That  whenever  there  is  not  sufficient  money  in  the  treasury 
of  any  county,  city,  town,  village,  school  district  or  other  muni- 
cipal corporation  to  meet  and  defray  the  ordinary  and  necessary 


270 


STATUTES  DELATING  TO  CITY. 


expenses  thereof,  it  shall  be  lawful  for  the  proper  authorities 
thereof  to  provide  a fund  to  meet  said  expenses  by  issuing  and 
disposing  of  warrants  drawn  against  and  in  anticipation  of  any 
taxes  already  levied  by  said  authorities  for  the  payment  of  the 
ordinary  and  necessary  expenses  of  such  county,  city,  town, 
village,  school  district  or  other  municipal  corporation,  to  the 
extent  of  seventy-five  per  centum  of  the  total  amount  of  any 
such  tax  levied : Provided,  that  warrants  drawn  and  issued 

under  the  provisions  of  this  section  shall  show  upon  their  face 
that  they  are  payable  solely  from  said  taxes  when  collected  and 
not  otherwise,  and  shall  he  received  by  any  collector  of  taxes 
in  payment  of  the  taxes  against  which  they  are  issued,  and  which 
taxes  against  which  said  warrants  are  drawn  shall  be  set  apart 
and  held  for  their  payment. 

798.  Warrants  draw  interest — rate — publication  to  stop 
interest.]  § 3.  Every  warrant  issued  under  this  act  shall, 
unless  paid  within  thirty  days  after  its  issuance,  bear  interest, 
payable  only  out  of  the  taxes  against  which  it  shall  be  drawn, 
at  the  rate  of  five  per  cent  per  annum  from  the  date  of  its  issu- 
ance until  paid,  or  until  notice  shall  be  given  by  publication 
in  a newspaper  or  otherwise  that  the  money  for  its  payment  is 
available,  and  that  it  will  be  paid  on  presentation  unless  a lower 
rate  of  interest  shall  be  specified  therein,  in  which  case  the  inter- 
est shall  be  computed  and  paid  at  such  lower  rate.  All  jurors’ 
certificates  shall  hereafter  be  issued  in  conformity  with  the 
provisions  of  this  act. 

799.  § 2.  An  act  entitled,  “An  act  to  provide  for  the  pay- 
ment of  interest  on  warrants  of  municipal  corporations,”  ap- 
proved June  15,  1895,  in  force  July  1,  1895,  is  hereby  repealed. 

Approved  May  11,  1901. 

J 7 4 

JUEISDICTIOAT  OF  JUSTICES. 

AN  ACT  to  provide  for  the  election  and  qualification  of  justices  of  the  peace. 

and  constables,  and  to  provide  for  the  jurisdiction  and  practice  of  justices  of 

the  peace  in  civil  cases,  etc.  [Approved  April  1,  1872.  In  force  July  1,  1872. 

$ $ sis  s£  s*s  :js  sjs  s*s  s*s  sjs 

800.  § 14.  Justices  of  the  peace  shall  have  jurisdiction 
in  all  cases  for  violations  of  the  ordinances  of  cities,  towns  or 
villages.  [See  ante,  § 70. 


MARK ETING  PRODUCTS — OFFICERS. 


277 


MARKETING  PRODUCTS. 

AN  ACT  for  the  protection  of  farmers,  fruit  growers,  vine  growers  and  garden- 
ers. [Approved  January  13,  1872.  In  force  July  1,  1872. 

801.  Farmers,  etc.,  may  sell  products  without  license.] 

.§  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois , repre- 
sented in  the  General  Assembly , That  every  farmer,  fruit  and 
vine  grower,  and  gardener,  shall  have  an  undisputed  right  to 
sell  the  produce  of  his  farm,  orchard,  vineyard  and  garden  in 
any  place  or  market  where  such  articles  are  usually  sold,  and 
in  any  quantity  he  may  think  proper,  without  paying  any 
State,  county  or  .city  tax,  or  license,  for  doing  so,  any  law,  city 
or  town  ordinance  to  the  contrary  notwithstanding:  Provided , 

that  the  corporate  authorities  of  any  such  city,  town  or  village 
may  prohibit  the  obstruction  of  its  streets,  alleys  and  public 
places  for  any  such  purpose : And  provided , further , that  noth- 

ing in  this  act  shall  be  construed  as  to  authorize  the  sale  of 
spirituous/vinous  or  malt  liquors,  contrary  to  laws  which  now 
are  or  hereafter  may  be  in  force  prohibiting  the  sale  thereof. 

OFFICERS— CORRUPT  PRACTICES  OF. 

AN  ACT  to  prevent  fraudulent  and  corrupt  practices  in  the  making  or  accepting 
of  official  appointments  and  contracts  by  public  officers.  [Approved  April  9, 
1872.  In  force  July  1,  1872. 

802.  Aldermen  of  cities — trustees  of  villages.]  § 2. 

That  it  shall  be  and  is  hereby  declared  unlawful  for  any  aider- 
man  of  any  city,  or  member  of  the  board  of  trustees  of  any  vil- 
lage of  this  State,  during  the  term  of  office  for  which  he  is 
elected,  to  accept  or  be  appointed  to,  or  hold  any  office,  by  ap- 
pointment of  the  mayor  or  president  of  the  board  of  trustees 
thereof  ; and  any  and  all  such  election  or  appointment  shall  be 
absolutely  null  and  void. 

803.  Not  to  be  interested  in  contracts — not  to  act  as  attor- 
ney to  procure — -bribery.]  § 3.  It  shall  not  be  lawful  for 

any  person  now  or  hereafter  holding  any  office,  either  by  election 
or  appointment,  under  the  constitution  of  this  State,  to  become 
in  any  manner  interested,  either  directly  or  indirectly,  in  his 
own  name  or  in  the  name  of  any  other  person  or  corporation, 
in  any  contract,  or  the  performance  of  any  work  in  the  making 
or  letting  of  which  such  officer  may  be  called  upon  to  act  or 


278 


STATUTES  KELATJNU  TO  CITY. 


vote.  And  it  shall  not  be  lawful  for  any  such  officer  to  represent, 
either  as  agent  or  otherwise,  any  person,  company  or  corpora- 
tion, in  respect  of  any  application  or  bid  for  any  contract  or 
work  in  regard  to  which  such  officer  may  be  called  upon  to  vote. 
Nor  shall  any  such  officer  take  or  receive,  or  offer  to  take  or 
receive,  either  directly  or  indirectly,  any  money  or  other  thing 
of  value,  as  a gift  or  bribe,  or  a means  of  influencing  his  vote 
or  action  in  his  official  character;  and  any  and  all  contracts 
made  and  procured  in  violation  hereof  shall  be  null  and  void. 

804.  Penalty.]  § 4.  Any  alderman,  member  of  a board 
of  trustees,  supervisor  or  county  commissioner,  or  person  now 
or  hereafter  holding  any  office,  either  by  election  or  appoint- 
ment, under  the  constitution  of  this  State,  or  any  law  now  or 
hereafter  in  force  in  this  State,  who  shall  violate  any  of  the 
provisions  of  the  preceding  sections,  shall  be  deemed  guilty 
of  a misdemeanor,  and,  on  conviction  thereof,  may  be  punished 
by  confinement  in  the  penitentiary  for  a term  of  not  less  than 
one  year  nor  more  than  five  years,  or  fined  in  a sum  not  less 
than  $200  nor  more  than  $1,000,  or  both,  in  the  discretion  of 
the  court  before  which  such  conviction  shall  be  had;  and,  in 
addition  thereto,  any  office  or  official  position  held  by  any  person 
or  persons  so  convicted  shall,  by  the  fact  of  such  conviction, 
become  vacant,  and  shall  be  so  declared  as  part  of  the  judgment 
of  the  court;  and  the  person  or  persons  so  convicted  shall  be 
disqualified  from  holding  any  office  or  position  of  trust  and 
confidence  in  this  State  for  the  period  of  two  years  from  and 
after  the  date  of  such  conviction. 

OFFICERS — RESIGNATIONS  AND  VACANCIES. 

AN  ACT  in  regard  to  elections,  and  to  provide  for  filling  vacancies  in  elective 

offices.  [Approved  April  3,  1872.  In  force  July  1,  1872.- 

805.  Of  elective  offices.]  § 124.  Resignations  of  elective 
offices  shall  be  made  to  the  officer,  court  or  county  board  author- 
ized by  law  to  fill  a vacancy  in  such  office  by  appointment,  or 
to  order  an  election  to  fill  such  vacancy. 

806.  When  office  to  become  vacant.]  § 125.  Every  elec- 
tive office  shall  become  vacant  on  the  happening  of  either  of 


ORGANIZATION  OF  TOWNS. 


279 


the  following  events  before  the  expiration  of  the  term  of  such 
office : 

First — The  death  of  the  incumbent. 

Second — His  resignation. 

Third — His  becoming  insane. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the  State;  or, 
if  the  office  is  local,  his- ceasing  to  be  an  inhabitant  of  the  district, 
county,  town  or  precinct  for  which  he  was  elected. 

Fifth — His  conviction  of  an  infamous  crime,  or  of  an  offense 
involving  a violation  of  official  oath. 

Sixth — His  removal  from  office. 

Seventh — His  refusal  or  neglect  to  take  his  oath  of  office, 
or  to  give  or  renew  his  official  bond,  or  to  deposit  or  file  such 
oath  or  bond  within  the  time  prescribed  by  law. 

Eighth — The  decision  of  a competent  tribunal  declaring  his 
election  void. 

807.  Who  may  determine  when  vacancy  exists.]  § 126. 

Whenever  it  is  alleged  that  a vacancy  in  any  office  exists,  the 
officer,  court  or  county  board,  whose  duty  it  is  to  fill  the  vacancy 
by  appointment,  or  to  order  an  election  to  fill  such  vacancy, 
shall  have  power  to  determine  whether  or  not  the  facts  occa- 
sioning such  vacancy  exist. 

ORGANIZATION  OF  TOWNS  BY  COUNTY  BOARDS. 

AN  ACT  to  authorize  county  boards,  in  counties  under  township  organization, 

to  organize  certain  territory  situated  therein  as  a town.  [Approved  May  23, 

1877.  In  force  July  1,  1877. 

808.  Territory  of  city  organized  as  a town.]  § 1.  Be  it 

enacted  by'  the  People  of  State  of  Illinois , represented  in  the 
General  Assembly,  That  the  county  board,  in  any  county  under 
township  organization,  may  provide  that  the  territory  embraced 
within  any  city  in  such  county  shall  be  organized  as  a town: 
Provided,  such  territory  shall  have  a population  of  not  less  than 
three  thousand : And,  provided,  the  city  council  in  such  city 

shall  by  resolution  request  such  action  by  the  county  board. 

809.  Town  in  city.]  § 2.  The  territory  of  any  city  now 
organized  within  the  limits  of  any  county  under  township  or- 
ganization, and  not  situated  within  any  town,  shall  be  deemed 
to  be  a town. 


280 


STATUTES  RELATING  TO  CITY. 


810.  Election  of  officers.]  § 3.  All  town  officers  within 
any  town  organized  as  aforesaid,  shall  be  elected  at  the  annual 
charter  election  of  such  city.  All  general  elections  held  in  such 
city  and  town  shall  be  held  at  the  same  voting  places  as  the 
city  elections,  with  judges  and  clerks  appointed  in  like  manner 
as  for  city  elections. 

811.  Powers  exercised  by  council.]  § 4.  The  powers 
vested  in  such  towns  shall  be  exercised  by  the  city  council. 

812.  What  city  council  may  provide. \ § 5.  The  city 
council  in  such  city  and  town  may,  by  ordinance,  provide  that 
the  offices  of  city  and  town  clerk  shall  be  united  in  the  same 
person;  that  the  offices  of  treasurer  and  town  collector  shall 
be  united  in  the  same  person ; that  the  election  of  highway  com- 
missioners shall  be  discontinued;  and  that  the  offices  of  super- 
visor and  poor-master  shall  be  separated,  and  the  poor-master 
appointed  by  the  city  council.  [As  amended  by  act  approved 
June  18,  1883. 

813.  May  regulate  the  number  of  justices.]  § 6.  The 

city  council  in  such  city  and  town  may,  from  time  to  time,, 
regulate  the  number  of  justices  of  the  peace,  police  magistrates 
and  constables  to  be  elected  within  such  city  and  town;  but  the 
number  elected  to  either  of  such  offices  shall  not  exceed  the  num- 
ber allowed  by  law  to  other  town  of  like  population. 

814.  Vacancies  in  town  offices.]  § 7.  Vacancies  in  any 
of _ the  town  offices  within  such  city  and  town  may  be  filled  by 
the  city  council. 

ORGANIZATION  OF  CAPITAL  TOWNSHIP  UNDER  THE  ABOVE  ACT. 

The  action  of  the  Board  of  Supervisors  of  Sangamon  county,  for  organizings 
the  town  of  Capital,  is  shown  by  the  following  extract  from  the  published  pro- 
ceedings of  said  board:  , 

“Wednesday,  March  6,  1878. 

* ‘Board  of  supervisors  met  pursuant  to  adjournment,  Mr.  Tracy  in  the  chair. 

% ^ ^ ❖ ❖ ❖ ❖ % ❖ 

“Mr.  Warren,  from  the  committee  on  judiciary,  made  the  following  report: 

‘ ' To  the  Board  of  Supervisors  of  Sangamon  County : 

“Your  committee  on  judiciary,  to  whom  was  referred  the  request  of  the  city 
council  of  the  city  of  Springfield  [bearing  date  September  17,  1877],  that  the  board 
proceed  to  organize  the  territory  comprised  within  the  city  of  Springfield,  having 
had  the  same  under  consideration,  beg  leave  to  report  the  same  back,  and  recom- 
mend that  the  request  be  granted;  and  that  a new  town  be  organized  under  the 
name  of  Capital,  to  be  composed  of  all  the  territory  within  the  limits  of  the  city 
of  Springfield. 

“W.  M.  Warren,  Chairman. 

“Report  adopted,  and  clerk  ordered,  to  certify  the  name  of  the  new  town  to- 
the  proper  authorities.” 


PLEASURE  DRIVEWAYS. 


281 


PLEASURE  DRIVEWAYS. 

AN  ACT  to  provide  for  pleasure  driveways  in  incorporated  cities,  villages  and 

towns. 

815.  Pleasure  driveway — how  established.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois , represented  in  the 
General  Assembly , That  the  city  council  in  cities,  the  president 
and  the  board  of  trustees  in  villages,  or  the  board  of  trustees 
in  incorporated  towns,  whether  incorporated  under  the  general 
law  or  special  charter,  shall  have  the  power  to  designate  by 
ordinance  the  whole  or  any  part  of,  not  to  exceed  two  streets, 
roads,  avenues,  boulevards  or  highways,  under  their  jurisdiction, 
as  a public  driveway,  to  be  used  for  pleasure  driving  only,  and 
to  improve  and  maintain  the  same,  and  also  to  lay  out,  establish, 
open,  alter,  widen,  extend,  grade,  pave,  or  otherwise  improve 
and  maintain  not  more  than  two  roads,  streets  or  avenues,  and 
designate  the  same  as  pleasure  driveways,  to  be  used  for  pleasure 
driving  only : Provided , said  powers  . shall  only  be  exercised 

when  said  corporate  authorities  are  petitioned  thereto  by  the 
owners  of  more  than  two-thirds  (2/3)  of  the  frontage  of  land 
fronting  upon  said  proposed  pleasure  driveways. 

816.  May  be  laid  out  under  Article  9.]  § 2.  Said 

pleasure  driveways  may  be  laid  out,  extended  and  improved 
under  the  provisions  of  article  9,  of  an  act  to  provide  for  the 
incorporation  of  cities  and  villages,  approved  April  10,  1872, 
in  force  July  1,  1872,  and  any  and  all  amendments  thereto. 

817.  Power  of  corporate  authorities  to  regulate,  etc.]  § 3. 

Said  corporate  authorities  may,  by  ordinance,  regulate,  restrain 
and  control  the  speed  of  travel  upon  said  pleasure  drives,  and 
prescribe  the  kind  of  vehicles  that  shall  be  allowed  upon  the 
same,  and  in  all  things  may  regulate,  restrain  and  control  the 
use  of  said  pleasure  driveways  by  the  public  or  individuals,  and 
may  exclude  therefrom  funeral  processions,  hearses  and  traffic 
teams  and  vehicles,  so  as  to  free  the  same  from  any  and  all. 
business  traffic  or  objectionable  travel,  and  make  the  same  a 
pleasure  driveway  for  pleasure  driving  only,  and  may  prescribe 
in  such  ordinances  such  fines  or  penalties  for  the  violation 
thereof  as  they  are  allowed  by  law  to  prescribe  for  the  violation 
of  other  ordinances. 


—11 


STATUTES  RELATING  TO  CITY. 


282 

818.  Emergency.]  § 4.  Whereas,  certain  municipalities 
are  about  establishing  such  pleasure  driveways,  or  boulevards, 
and  doubts  exist  as  to  their  power  so  to  do,  therefore  an  emer- 
gency exists  for  the  passage  of  this  act,  and  the  same  shall  take 
effect  and  be  in  force  from  and  after  its  passage.  [Approved 
March  27,  1889. 


PLATS  TO  BE  RECORDED,  ETC. 

AN  ACT  to  revise  the  law  in  relation  to  plats.  [Approved  March  21,  1874.  In 

force  July  1,  1874. 

819.  Plats  of  highways,  etc.,  to  be  made  and  recorded.] 

§ 9.  Whenever  any  highway,  road,  street,  alley,  public  ground, 
toll-road,  railroad  or  canal  is  laid  out,  located,  opened,  wid- 
ened or  extended,  or  the  location  thereof  altered,  it  shall  be  the 
duty  of  the  commissioners,  authorities,  officers,  persons  or 
corporations,  public  or  private,  laying  out,  locating,  opening, 
widening,  extending  or  altering  the  same,  to  cause  a plat  there- 
of, showing  the  width,  courses  and  extent  therof,  and  making 
such  reference  to  known  and  established  corners  or  monuments 
that  the  location  thereof  may  be  ascertained,  to  be  made  and 
recorded  in  the  office  of  the  recorder  of  the  county  in  which 
the  premises  taken  or  used  for  the  same,  or  any  part  .thereof, 
are  situated,  within  six  months  after  such  highway,  road,  street, 
alley,  public  ground,  toll-road,  railroad  or  canal  is  laid  out, 
located,  opened,  widened  or  extended,  or  the  location  thereof 
altered;  and  when  any  highway,  road,  street,  alley,  public 
ground,  toll-road,  railroad  or  canal  is  vacated,  the  order,  ordi- 
nance or  other  declaration  vacating  the  same  shall  be  in  like 
manner  recorded.  This  act  shall  not  be  construed  to  alter  or 
affect  any  law  specifically  providing  for  the  recording  of  any 
such  plat,  or  to  require  the  same  to  be  recorded  sooner  than 
is  so  specifically  provided,  except  that  any  requirements 
to  record  such  plat  in  any  other  place  than  is  provided  herein 
shall  not  excuse  the  parties  from  complying  with  this  act. 
Whoever  shall  refuse  or  neglect  to  comply  with  this  section 
shall  forfeit  $25,  and  the  like  sum  for  every  month  he  shall 
continue  in  such  refusal  or  neglect  after  conviction  therefor, 
to  be  recovered  before  any  justice  of  the  peace  of  the  county, 


POLICE  MAGI STRATES. 


283 


in  the  name  of  the  county,  one-half  to  the  use  of  the  county, 
and  the  other  half  to  the  use  of  the  person  complaining. 

820.  Prosecuting  offenders.]  § 10.  Whenever  it  shall 
come  to  the  knowledge  of  the  recorder  of  deeds  of  any  county 
that  any  of  the  provisions  of  this  act  have  been  violated,  it 
shall  be  his  duty  to  notify  the  State’s  attorney  of  the  fact,  and 
the  State’s  attorney  shall  immediately  institute  suit,  and  prose- 
cute the  same  to  final  judgment  against  the  person  offending.1 

POLICE  MAGISTRATES. 

AN  ACT  to  authorize  the  election  of  police  magistrates  in  towns,  cities  and  vil- 
lages where  the  same  are  not  now  provided  for  by  law.  [Approved  and  in 
force  April  13,  1875. 

821.  Election  and  term  of  office — jurisdiction.]  § 1.  Be 

it  enacted  by  the  People  of  the  State  of  Illinois , represented  in 
the  General  Assembly , That  all  towns,  cities  and  villages  in 
the  State  which  have  been  incorporated  under  charters  granted 
by  special  acts,  or  under  a general  act,  when  the  law  under 
which  they  are  incorporated  does  not  authorize  the  election  of 
a police  magistrate,  be  and  the  same  are  hereby  authorized 
to  elect  one  police  magistrate  at  the  first  annual  election  of 
town,  city  or  village  officers  that  shall  occur  after  the  pas- 
sage of  this  act,  and  quadrennially  thereafter..  Such  police 
magistrates  shall  hold  their  offices  for  the  same  term,  be  com- 
missioned and  qualified,  and  have  the  same  jurisdiction  and 
fees  as  police  magistrates  of  villages  have  under  the  general 
law  for  the  incorporation  of  cities  and  villages. 

822.  Emergency.]  § 2.  As  the  first  annual  election  of 

town,  city  and  village  officers  in  many  of  the  towns,  cities  and 
villages  in  this  State,  by  this  act  authorized  to  elect  a police 
magistrate,  will  occur  before  the  first  day  of  July  next,  after 
the  adjournment  of  the  General  Assembly,  therefore  an  emer-’ 
gency  exists,  requiring  this  act  to  take  effect  immediately, 
therefore,  this  act  shall  take'  effect  and  be  in  force  from  and 
after  its  passage:  Provided , that  the  election  for  police  magis- 

trates in  cities  that  have  one-  or  more  police  magistrates  elected 
under  a former  organization  as  a town  or  city,  shall  not  be  held 
until  the  term  for  which  said  police  magistrate  or  magistrates 
were  elected  has  expired. 

1.  The  law  relating  to  making  and  recording  town  plats  has  been  in  force 
since  January  4,  1825.  [R.  L.  of  1829,  184. 


28  i 


STATUTES  RELATING  TO  CITY. 


RAILROADS. 

AN  ACT  in  relation  to  fencing  and  operating  railroads.  [Approved  March  31, 

1874.  In  force  July  1,  1874. 

###*#***** 

823.  Speed  through  cities,  etc. — damages.]  § 24.  When- 

ever any  railroad  corporation  shall,  by  itself  or  agents,  run 
any  train,  locomotive  engine,  or  car,  at  a greater  rate  of  speed 
in  or  through  the  incorporated  limits  of  any  city,  town  or  vil-  , 
lage,  than  is  permitted  by  any  ordinance  of  such  city,  town  or 
village,  such  corporation  shall  be  liable  to  the  person  aggrieved 
for  all  damages  done  the  person  or  property  by  such  train,  loco- 
motive engine  or  car;  and  the  same  shall  be  presumed  to  have 
been  done  by  the  negligence  of  said  corporation,  or  their 
agents;  and  in  addition  to  such  penalties  as  may  be  provided 
by  such  city,  town  or  village,  the  person  aggrieved  by  the  vio- 
lation of  any  of  the  provisions  of  this  section,  shall  have  an 
action  against  such  corporation,  so  violating  any  of  the  pro- 
visions, to  recover  a penalty  of  not  less  than  one  hundred  dol- 
lars ($100)  nor  more  than  two  hundred  dollars  ($200),  to 
be  recovered  in  any  court  of  competent  jurisdiction;  said  ac- 
tion to  be  an  action  of  debt,  in  the  name  of  the  People  of  the 
State  of  Illinois,  for  the  use  of  the  person  aggrieved;  but  the 
court  or  jury  trying  the  case  may  reduce  said  penalty  to  any  sum, 
not  less,  however,  than  fifty  dollars  ($50),  where  the  offense 
committed  by  such  violation  may  appear  not  to  be  malicious 
or  willful : Provided,  that  no  such  ordinance  shall  limit  the  rate 

of  speed,  in  case  of  passenger  trains,  to  less  than  ten  miles  per 
hour,  nor  in  any  other  case  to  less  than  six  miles  per  hour.1 
[As  amended  by  act  approved  May  22,  1877.  In  force  July  1, 
1877. 

824.  Flagmen — shelter.]  § 35.  In  all  cases  where  the  pub- 

lic authorities  having  charge  of  any  street  over  which  there 
shall  be  a railroad  crossing,  shall  notify  any  agent  of  the  cor- 


1.  This  is  held  to  be  a proper  police  regulation.  T.,  P.  & W.  Co.  vs.  Dea- 
con, 63  111.,  91. 

(a)  An  ordinance  must  be  shown  to  be  in  force  at  the  time  of  accident,  to 
justify  recovery  thereunder.  C.  & A.  R.  R.  Co.  vs.  Engle,  76  111.,  317.  As  to  when 
ordinance  regulating  the  speed  of  trains  is  proper  evidence  on  the  question  of 
negligence.  T.,  W.  & VV.  Ry.  Co,  vs.  O’Connor,  77  111.,  392. 

(c)  Recovery  may  be  had  where  animal  is  at  large  contrary  to  ordinance, 
when  the  train  is  running  at  prohibited  speed.  I.  & St.  L.  R.  R.  Co.  vs.  Peyton, 
76  111.,  340. 


REVENUE. 


285 


poration  owning,  using,  or  operating  such  railroad,  that  a 
flagman  is  necessary  at  such  crossing,  it  shall  be  the  duty  of 
such  railroad  company,  within  sixty  days  thereafter,  to  place 
and  retain  a flagman  at  such  crossing,  who  shall  perform  the 
duties  usually  required  of  flagmen;  and  such  flagman  is  hereby 
empowered  to  stop  any  and  all  persons  from  crossing  a rail- 
road track,  when,  in  his  opinion,  there  is  danger  from  ap- 
proaching trains  or  locomotive  engines;  and  any  railroad  com- 
pany refusing  or  neglecting  to  place  flagmen,  as  required  by 
this  section,  shall  be  laible  to  a fine  of  $100  per  day  for  every 
day  they  shall  neglect  or  refuse  to  do  so;  and  it  is  hereby 
made  the  duty  of  such  public  authorities  having  charge  of 
such  street  to  enforce  the  payment  of  such  fine,  by  suit,  in 
the  name  of  the  town  or  municipal  corporation  wherein  such 
crossing  shall  be  situate,  before  any  court  of  competent  juris- 
diction in  the  county,  and  the  prosecuting  attorney  shall  at- 
tend to  the  prosecution  of  all  suits  as  directed  by  said  public 
authorities.  All  moneys  collected  under  the  provisions  of  this 
act  shall  be  paid  into  the  treasury  of  the  town  or  municipal 
corporation  in  whose  name  such  suits  shall  have  been  brought: 
Provided , that  when  any  railroad  company  is  required  to  keep 
a flagman  at  a crossing,  it  shall  have  the  right  to  erect  and  main- 
tain in  the  highway  or  street  crossed  a suitable  house  for  the 
shelter  of  such  flagman,  the  same  to  be  so  located  as  to  create 
the  least  obstruction  to  the  use  of  such  street  or  highway,  and 
afford  the  best  view  of  the  railroad  track  in  each  direction  from 
such  crossing. 

REVENUE. 

AN  ACT  for  the  assessment  of  property  and  for  the  levy  and  collection  of  taxes. 

[Approved  March  30,  1872.  In  force  July  1,  1872. 

825.  Certificate  of  rates.]  § 122.  The  proper  authorities 
of  towns,  townships,  districts,  and  incorporated  cities,  towns 
and  villages,  collecting  taxes  under  the  provisions  of  this  act, 
shall  annually,  on  or  before  the  second  Tuesday  in  August, 
certify  to  the  county  clerk  the  several  amounts  which  they 
severally  require  to  he  raised  by  taxation,  anything  in  their 
respective  charters,  or  in  acts  heretofore  passed*  by  the  Gen- 
eral Assembly  of  this  State,  to  the  contrary  notwithstanding. 


286 


STATUTES  RELATING  TO  CITY. 


[As  amended  by  act  approved  May  3,  1873.  See  § 343  Hurd, 
1902,  Chapter  on  Revenue. 

********** 

826.  Return  of  delinquent  special  assessment.]  § 178. 

When  any  special  assessment  made  by  any  city,  town  or  vil- 
lage, pursuant  to  its  charter,  or  by  any  corporate  authorities, 
commissioners  or  persons,  pursuant  to  law,  remain  unpaid  in 
whole  or  in  part,  return  thereof  shall  be  made  to  the  county 
collector  on  or  before  the  tenth  day  of  March  next,  after  the 
same  shall  have  become  payable,  in  like  forms  as  returns  are 
made  for  delinquent  land  tax.  County  collectors  shall  collect, 
account  for,  and  pay  over  the  same  to  the  authorities  or  per- 
sons having  authority  to  receive  the  same,  in  like  manner  as 
they  are  required  to  collect,  account  for  and  pay  over  taxes. 
The  county  collector  may,  upon  return  of  delinquent  special  as- 
sessments to  him,  transfer  the  amounts  thereof  from  such  re- 
turns to  the  tax  books  in  his  hands,  setting  down  therein,  op- 
posite the  respective  tracts,  or  lots,  in  proper  columns  to  be  pre- 
pared for  that  purpose,  the  amounts  assessed  against  such 
tract  or  lot.  [As  amended  by  act  approved  May  3,  1873. 

AN  ACT  in  relation  to  the  collection  of  taxes  and  special  assessments.  [Ap- 
proved and  in  force  May  2,  1873. 

* * * * * * * * * * ' 

827.  City  may  buy  in  at  sale.]  § 3.  Any  incorporated 
city,  town  or  village,  or  corporate  authorities,  commissioners, 
or  persons  interested  in  any  such  special  assessment  or  in- 
stallment thereof,  may  become  purchaser  at  any  sale,  and  may 
designate  and  appoint  some  officer  or  person  to  attend  and  bid 
at  such  sale  in  its  behalf. 

AN  ACT  in  regard  to  the  assessment  and  collection  of  municipal  taxes.  [Ap- 
proved May  23,  1877.  In  force  July  1,  1877. 

828.  How  may  be  assessed  and  collected.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois , represented  in 
the  General  Assembly , That  all  cities,  villages,  and  incor- 
porated towns  in  this  State,  whether  organized  under  the  gen- 
eral law  or  special  charters,  shall  assess  and  collect  their  taxes 
in  the  manner  provided  for  in  article  eight  (8)  of  the  act  en- 
titled f*An  Act  to  provide  for  the  incorporation  of  cities  and 
villages,”  approved  April  10,  1872,  and  in  the  manner  pro- 


REVENUE — TAXATION. 


287 


vided  for  in  the  general  revenue  laws  of  this  State;  and  all  acts 
or  parts  of  acts  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

Note.— This  act  in  effect  repeals  that  of  April  15,  1873. 

REVENUE— TAXATION. 

829.  May  levy  tax  annually  for  school  purposes.]  § 202. 

For  the  purpose  of  establishing  and  supporting  free  schools 
for  not  less  than  six  nor  more  than  nine  months  in  each  year, 
and  defraying  all  the  expenses  of  the  same  of  every  description, 
for  the  purpose  of  repairing  and  improving  school  houses,  of 
procuring  furniture,  fuel,  libraries  and  apparatus,  and  for  all 
other  necessary  incidental  expenses  in  each  district,  village  or 
city,  anything  in  any  special  charter  to  the  contrary  notwith- 
standing, the  directors  of  such  district  and  the  authorities  of 
such  village  or  city  shall  be  authorized  to  levy  a tax  annually 
upon  all  the  taxable  property  of  the  district,  village  or  city  not 
to  exceed  two  and  one-half  per  cent,  for  educational  and  two 
and  one-half  per  cent,  for  building  purposes  (except  to  pay  in- 
debtedness contracted  previous  to  the  passage  of  this  act),  the 
valuation  to  be  ascertained  by  the  last  assessment  for  State  and 
county  taxes : Provided,  that  in  cities  having  a population  ex- 

ceeding one  hundred  thousand  inhabitants  the  Board  of  Educa- 
tion may  establish  and  maintain  vacation  schools  and  play 
grounds  under  such  rules  as  it  shall  prescribe. 

“And  provided,  further,  that  nothing  herein  contained  shall 
be  held  to  repeal  or  modify  the  limitations  contained  in  Section 
forty-nine  (49)  of  an  Act  entitled,  “An  Act  for  the  assessment 
of  property  and  providing  the  means  therefor,  and  to  repeal 
a certain  act  therein  named,”  approved  February  25,  1898. 
[As  amended  by  Act  approved  April  21,  1899.  In  force  July 
1,  1899.  L.  1899,  p.  351. 

830.  No  exclusion  for  color — penalty.]  § 4.  All  boards 
of  school  directors,  boards  of  education,  or  school  officers,  whose 
duty  it  now  is,  or  may  be  hereafter,  to  provide  in  their  respec- 
tive jurisdictions,  schools  for  the  education  of  all  children  be- 
tween the  ages  of  six  and  twenty-one  years,  are  prohibited  from ' 
the  excluding,  directly  or  indirectly,  any  such  child  from  such 
school  on  account  of  the  color  of  such  child. 


288 


STATUTES  RELATING  TO  CITY. 


831.  Preventing  child  attending  school — penalty.]  § 5. 

Any  person  who  shall  by  threats,  menace  or  intimidation,  pre- 
vent any  child  entitled  to  attend  a public  school  in  this  State 
from  attending  such  school  shall,  upon  conviction,  be  fined  in 
any  sum  not  exceeding  twenty-five  ($25)  dollars. 

VACATION  OF  STREETS  AND  ALLEYS. 

AN  ACT  to  revise  the  law  in  relation  to  the  vacation  of  streets  and  alleys.  [Ap- 
proved March  24,  1874.  In  force  July  1,  1874. 

832.  Three-fourths  vote  required — damages.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois , represented  in 
the  General  Assembly , That  no  city  council  of  any  city,  or 
board  of  trustees  of  any  village  or  town,  whether  incorporated 
by  special  act  or  under  any  general  law,  shall  have  power  to  va- 
cate or  close  any  street  or  alley,  or  any  portion  of  the  same,  ex- 
cept upon  a three-fourths  majority  of  all  the  aldermen  of  the 
city,  or  trustees  of  the  village  or  town,  authorized  by  law  to  be 
elected;  such  vote  to  be  taken  by  ayes  and  noes,  and  entered 
on  the  records  of  the  council  or  board.  And  when  property 
is  damaged  by  the  vacation  or  closing  of  any  street  or  alley, 
the  same  shall  be  ascertained  and  paid  as  provided  by  law. 
[See  “Eminent  Domain,”  chap.  47,  Rev.  Stat.  (Hurd),  1883. 

833.  Rights  of  adjoining  owners.]  § 2.  When  any  street, 
alley,  lane  or  highway,  or  any  part  thereof,  has  been  or  shall 
be  vacated  under  or  by  virtue  of  any  act  of  this  State,  or  by 
order  of  the  city  council  of  any  city  or  trustees  of  any  village 
or  town,  or  by  the  commissioners  of  highways,  county  board, 
or  other  authority  authorized  to  vacate  the  same,  the  lot  or  tract 
of  land  immediately  adjoining  on  either  side  shall  extend  to 
the  central  line  of  such  street,  alley,  lane  or  highway,  or  part 
thereof  so  vacated,  unless  otherwise  specially  provided  in  the 
act,  ordinance  or  order  vacating  the  same,  unless,  in  consequence 
of  more  of  the  land  for  such  street,  alley,  lane  or  highway  hav- 
ing been  contributed  -from  the  land  on  one  side  thereof  than 
the  other,  such  division  is  inequitable,  in  which  case  the  street, 
alley,  lane  or  highway  so  vacated  shall  be  divided  according  to 
the  equities  of  the  adjoining  owners. 

1.  A power  in  a municipal  charter  to  require  all  able-bodied  male  inhabitants 
of  a city  to  labor  on  its  streets  and  alleys,  or  pay  a tax  in  lieu  thereof,  is  constitu- 
tional. Alton  vs.  Sawyer,  3 Scam.,  127. 


TELEGRAPH  COMPANIES. 


289 


TELEGRAPH  COMPANIES. 

AN  ACT  to  revise  the  law  in  relation  to  telegraph  companies.  [Approved  March 
24,  1874.  In  force  July  1,  1874. 

********** 

834.  Consent  necessary  to  erect  poles,  etc.,  on  roads,  streets, 
etc., — record — alteration.]  § 4.  No  such  company  shall  have 
the  right  to  erect  any  poles,  posts,  piers,  abutments,  wires  or 
other  fixtures  of  their  lines  along  or  upon  any  road,  highway 
or  public  ground  outside  of  the  corporate  limits  of  a cityr,  town 
or  village,  without  the  consent  of  the  county  board  of  the  county 
in  which  such  road,  highway,  or  public  ground  is  situated,  nor 
upon  any  street,  alley  or  other  highway  or  public  ground,  within 
any  incorporated  city,  town  or  village,  without  the  consent  of 
the  corporate  authorities  of  such  city,  town  or  village.  The 
consent  herein  required  must  be‘in  writing,  and  shall  be  recorded 
in  the  recorder’s  office  of  the  county.  And  such  county  board, 
or  the  city  council,  or  board  of  trustees  of  such  city,  town  or 
village,  as  the  case  may  be,  shall  have  power  to  direct  any  altera- 
tion in  the  location  or  erection  of  any  such  poles,  posts,  piers 
or  abutments,  and  also  in  the  height  of  the  wires,  having  first 
given  the  company  or  its  agent  opportunity  to  be  heard  in  re- 
gard to  such  alteration. 


290 


STATUTES  RELATING  TO  CITY. 


PROVISIONS 


OF  THE 

Former  Charter  of  the  City  of  Springfield. 


ARTICLE  I. 

BOUNDARIES  OF  THE  CITY. 

835.  Original  charter  limits.]  § 2.  All  that  district  of 
country  enclosed  within  the  following  boundaries,  to- wit:  being 
in  Sangamon  county  and  State  of  Illinois,  one  mile  square;  the 
State  House  being  the  centre  of  said  city  of  Springfield.  [Act 
approved  Feb.  3,  1840. 

836.  Boundary  and  name.]  § 1.  That  all  the  district  of 
country  in  the  county  of  Sangamon  and  State  of  Illinois,  con- 
tained within  the  present  incorporate  limits  of  the  city  of 
Springfield,  with  such  other  additions  of  land  as  may  be  in- 
corporated with  and  come  under  the  jurisdiction  of  said  city, 
is  hereby  erected  into  a city  by  the  name  of  “The  City  of  Spring- 
field.”  [Act  approved  March  2,  1854. 

837.  City  limits  and  jurisdiction  extended.]  § 1.  In  addi- 

tion to  all  the  territory  now  contained  within  the  limits  of  the 
city  of  Springfield,  there  shall  be  added  to  said  city,  and  em- 
braced within  its  limits,  and  subject  to  its  ordinances  and  juris- 
diction, all  the  additional  territory  embraced  within  the  follow- 
ing boundary,  to-wit : Beginning  at  a point  on  the  section 

line  between  sections  twenty- six  and  twenty- seven,  from  which 
a line  extended  westward!}'  will  run  eighty  feet  north  of  the 


BOUNDARIES  OF  THE  CITY. 


291 


lot  owned  by  the  Illinois  State  University;  thence  westwardly, 
until  a straight  line  intersects  the  east  line  of  Herndon  & Ed- 
ward’s addition,  at  a point  four  hundred  feet  north  of  the  north 
line  of  Mason’s  addition;  thence  around  the  line  of  Herndon 
& Edwards’  addition,  to  the  southwest  corner  thereof ; thence  due 
south,  to  the  line  of  Erastus  Wright’s  land;  thence  due  west, 
along  his  line,  to  a point  from  which  a line  drawn  due  south, 
will  run  two  hundred  feet  west  of  the  west  part  of  Erastus 
Wright’s  dwelling  house;  thence  along  said  line,  to  the  centre 
of  the  road  running  from  Springfield  to  Beardstown,  by  the 
fair  grounds;  thence  with  the  said  road,  to  a point  opposite 
the  west  line  of  Hutchinson’s  cemetery  lot;  thence  to  and  with 
the  said  west  line  of  said  cemetery  lot,  and  extending  the  same 
in  a straight  line  to  the  center  of  the  Jacksonville  road,  thence 
along  the  center  of  the  J acksonville  road  to  the  present  city  line ; 
thence  along  the  present  city  line  to  the  southeast  corner  of  E. 
lies’  second  addition  of  out-lots;  thence  a straight  line  to  the 
southwest  corner  of  Barrett’s  addition;  thence  along  the  present 
city  limits,  to  the  section  corner  between  section  twenty-six  and 
twenty- seven ; thence  northwardly,  with  the  section  line,  to  the 
beginning.  [Act  approved  Feb.  14,  1855. 

838.  Limits  and  jurisdiction  further  extended.]  § 1.  An 

act  entitled  “An  Act  to  amend  the  charter  of  the  city  of  Spring- 
field,”  approved  February  14,  1855,  is  hereby  [so]  amended  . 
that,  in  addition  to  all  the  territory  now  contained  within  the 
limits  of  the  city  of  Springfield,  there  shall  be  added  to  the 
said  city,  and  embraced  within  its  limits,  and  subject  to  its  or- 
dinances and  jurisdiction,  all  the'  additional  territory  em- 
braced within  the  following  boundaries,  to-wit:  Beginning 

on  the  township  line  at  the  section  corner  between  sections 
thirty-four  and  thirty-five ; from  thence  pursuing  township 
line  westwardly,  to  the  southeast  corner  of  the  southwest  quar- 
ter of  the  southwest  quarter  of  section  thirty-three ; thence 
north,  parallel  to  section  line,  to  the  southeast  corner  of  the 
northwest  quarter  of  the  northwest  quarter  of  section  twenty- 
eight;  thence  east,  and  parallel  to  section  line,  to  the  south- 
east corner  of  the  northwest  quarter  of  the  northwest  quarter 
of  section  twenty-six;  thence  south,  parallel  to  section  line,  to 
the  township  line  and  southeast  corner  of  the  west  half  of  the 


292 


STATUTES  RELATING  TO  CITY. 


southwest  quarter  of  section  thirty-five;  thence  west  to  the 
place  of  beginning.  [Act  approved  February  18,  1857. 

839.  Corporate  limits  further  extended.]  § 1.  The  cor- 

porate limits  of  the  city  of  Springfield  shall  be,  and  are  hereby, 
so  extended  as  to  embrace  and  include  within  said  city,  and 
subject  to  its  jurisdiction,  and  to  its  charter  and  ordinances, 
the  following  additional  lands  and  territory,  to-wit:  The 

northeast  quarter  of  the  northwest  quarter;  and  the  north  half 
of  the  northwest  quarter,  and  the  north  half  of  the  northeast 
quarter  of  section  number  twenty-eight;  the  north  half  of  the 
northwest  quarter,  and  the  north  b^lf  of  the  northeast  quar- 
ter of  section  number  twenty-seven;  and  the  northwest  quar- 
ter of  the  northwest  quarter  of  section  number  twenty-six, 
all  in  township  number  sixteen,  north  of  range  number  five, 
west  of  the  third  principal  meridian.  [Act  approved  February 
18,  1859. 

840.  Grand  avenue — opening  of.]  § 13.  The  city  council 
of  said  city  shall  have  power  to  lay  out  and  open  an  avenue,  or 
highway,  the  width  of  eighty  feet,  along  the  corporation  line, 
around  said  city;  and  such  avenue  or  highway  shall  be  so  laid 
out  and  opened,  that  the  corporation  line  shall  be  the  centre 
line  thereof;  and,  if  the  amount  of  compensation  to  be  paid  to 
the  owners  of  the  real  estate,  which  may  be  taken  and  appro- 
priated for  the  laying  out  and  opening  of  such  avenue  or  high- 
way, cannot  be  agreed  upon,  the  city  council  shall  cause  the  dam- 
ages arising  from  the  laying  out  and  opening  of  such  avenue 
or  highway  to  be  assessed  against  the  real  estate,  within  and 
without  said  city,  which  may  be  benefited  by  the  laying  out  and 
opening  of  such  avenue,  or  highway,  in  the  same  manner,  in 
all  respects,  as  is  prescribed  in  the  seventh  article  of  the  char- 
ter of  said  city,  and  in  the  sixth  and  seventh  sections  of  this 
act,  for  assessments  for  laying  out  and  opening  streets,  avenues 
and  highways  within  the  city;  and  such  assessments  may  be  col- 
lected in  the  same  manner,  in  all  respects,  as  assessments  for 
laying  out  and  opening  streets,  avenues  and  highways  within 
the  city,  and  shall  be  a lien  upon  the  real  estate  against  which 
they  may  be  made  in  like  manner.  [Act  approved  February  18, 
1859. 


THE  BOARD  OF  EDUCATION. 


293 


THE  BOARD  OF  EDUCATION. 

AN  ACT  to  amend  the  charter  of  the  city  of  Springfield.  [Approved  March  27, 

1869.— Private  laws  of  1869,  Vol.  II,  page  239. 

841.  Board  of  education — general  powers.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois , represented  in  the 
General  Asssembly , That  all  the  rights,  powers  and  privileges 
in  relation  to  schools,  school  property,  real  or  personal,  or  school 
funds,  now  vested  in  the  city  council  of  the  city  of  Springfield, 
be,  and  the  same  are  hereby  vested  in  the  board  of  education  of 
the  city  of  Springfield,  to  be  chosen  and  organized  as  herein- 
after provided.  The  said  board  of  education  shall  not  pur- 
chase, lease  or  sell  lands,  or  sell  or  build  additional  school 
houses,  or  lease  or  rent  the  same  without  the  consent  and  ap- 
proval of  the  city  council  of  the  city  of  Springfield. 

842.  To  consist  of  nine  members — council  to  elect — organiza- 
tion.] § 2.  The  said  board  of  education  of  the  city  of  Spring- 
field  shall  consist  of  nine  members;  and  it  shall  be  the  duty  of 
the  city  council,  on  the  first  Monday  of  May,  A.  D.  1869,  to 
elect  by  ballot  three  members  of  said  board,  each  one  of  whom 
shall  be  from  a different  ward,  who  shall  serve  one  year;  three 
members  of  said  board,  each  one  of  whom  shall  be  from  a dif- 
ferent ward,  who  shall  serve  two  years;  and  the  three  remain- 
ing members  of  said  board,  each  one  of  whom  shall  be  from-  u 
different  ward,  who  shall  serve  three  years,  to  be  taken,  as 
nearly  as  practicable,  equally  from  the  several  school  districts 
of  the  city ; and  the  members  so  chosen  shall  compose  said  board,, 
until  their  successors  are  duly  elected  and  qualified.  Before 
entering  upon  their  duties,  the  members  of  the  board  of  edu^ 
cation  shall  take  an  oath  to  support  the  constitution  of  the 
United  States  and  of  the  State  of  Illinois,  and  to  properly  and 
faithfully  perform  the  duties  of  said  office  to  the  best  interests 
and  efficiency  of  the  schools. 

843.  Term  of  office — vacancies — how  filled.]  § 3.  The 

city  council  of  the  city  of  Springfield  shall,  on  the  first  Mon- 
day of  May,  A.  D.  1870,  and  on  the  first  Monday  of  May  an- 
nually thereafter,  elect  successors  to  those  members  whose  terms 
of  office  are  then  expiring;  and  the  persons  so  elected  shall  hold 
their  offices  for  three  years,  and  until  their  successors  are  elected 
and  qualified.  The  said  hoard  of  education,  or  the  remaining 


STATUTES  KKLATING  TO  CITY. 


294 

members  thereof,  shall  have  power  to  fill,  until  the  ensuing 
(‘lection,  all  vacancies  in  said  hoard  occasioned  by  death,  resig- 
nation, disqualification,  failure  to  elect,  or  removal  from  said 
district:  Provided , no  member  of  the  city  council  or  any  per- 

son holding  office  under  the  city,  whether  elected  or  appointed, 
shall  he  a member  of  the  hoard  of  education. 

844.  To  report  to  council  money  required.]  § 4.  It  shall 

be  the  duty  of  said  board  of  education  to  report  to  the  city  coun- 
cil of  the  city  of  Springfield,  at  their  regular  meeting  in  the 
month  of  June,  1809,  and  annually  thereafter,  the  amount  of 
money  needed  and  acquired  for  public  school  purposes,  in  said 
city  of  Springfield,  for  the  fiscal  year  commencing  the  first 
Monday  of  September  succeeding  such  report. 

845.  Council  to  levy  tax — separate  account  by  collector.] 

§ 5.  The  city  council  of  said  city  of  Springfield  shall  there- 
upon lev}',  and  cause  the  same  to  be  collected,  the  said  amount 
of  money  so  reported,  by  the  board  of  education,  on  all  the  real 
and  personal  property  of  said  city,  according  to  the.  assessment 
and  valuation  thereof,  and  the  same  shall  be  collected  by  the 
collector  of  said  city,  the  same  as  other  city  taxes  are  collected. 
The  collector  shall  keep  a separate  account  of  the  same,  and  shall 
pay  said  taxes  to  the  city  treasurer,  to  be  used  and  applied  for 
public  schoool  purposes  [only]. 

846.  School  funds — how  paid  out.]  § 6.  All  school  funds 
paid  in  to  said  treasurer,  or  coming  into  his  hands,  shall  be 
paid,  out  only  on  the  order  of  the  board  of  education,  signed 
by  the  president,  and  attested  by  the  signature  of  the  secre- 
tary of  said  board  of  education;  and  for  the  payments  made, 
receipts  shall  be  taken  and  filed  hy  said  secretary  and  treas- 
urer, and  said  orders  and  receipts  shall  show  the  purposes  for 
which,  and  on  what  account,  said  orders  were  drawn. 

847.  Organization  after  annual  election.]  § 7.  It  shall 

be  the  duty  of  said  board  of  education,  immediately  after  each 
annual  election,  to  meet  and  organize,  by  electing  one  of  their 
number  president,  and  the  superintendent  of  schools  shall  be 
ex-officio  secretary  of  said  board;  and  a majority  of  said  board 
shall  constitute  a quorum  for  the  transaction  of  all  business. 


OAK  RIDGE  CEMETERY. 


295 


848.  Inconsistent  acts  repealed — public  act — when  to  take 
effect.]  § 8.  All  prior  acts,  or  parts  of  acts,  inconsistent 
with  the  provisions  of  this  act,  are  hereby  repealed;  and  this 
act  is  hereby  declared  a public  act,  and  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

OAK  RIDGE  CEMETERY. 

AN  ACT  to  amend  the  charter  of  the  city  of  Springfield.  [Approved  February 

18,  1859.— Private  laws  of  1859,  page  269. 

****  ****** 

849.  The  cemetery  described  and  established.]  § 14.  Lots 

number  five,  six,  and  the  south  half  of  lot  number  four,  of  sub- 
division of  the  east  half  of  the  northeast  quarter  of  section 
number  twenty-one,  in  township  number  sixteen,  north  of  range 
number  five,  west  of  the  third  principal  meridian,  containing 
twenty-eight  and  four-seventh  acres,  and  purchased  by  said  city 
for  cemetery  purposes,  is  hereby  established  and  set  apart  for 
the  burial  of  the  dead,  and  shall  be  known  as  Oak  Ridge  Ceme- 
tery. 

850.  Manner  of  laying  out — selling  lots.]  § 15.  The  city 
council  of  said  city  shall  cause  the  grounds  of  said  cemetery  to 
be  subdivided,  and  laid  out  into  such  divisions,  blocks,  squares 
or  lots,  with  suitable  avenues,  walks  and  alleys,  designated  or 
numbered  in  such  manner  as  may  be  deemed  expedient,  and 
shall  cause  a correct  map  or  plat  thereof  to  be  made  out  and 
acknowledged  by  the  mayor  aixl  city  clerk  of  said  city,  under 
the  corporate  seal  thereof,  and  filed  and  carefully  preserved 
in  the  office  of  the  city  clerk,  and  a true  copy  thereof  shall  be 
entered  and  recorded  in  the  records  of  said  cemetery,  in  his  of- 
fice; and  the  entry  of  the  said  map  or  plat  upon  the  records  of 
said  cemetery,  in  the  office  of  the  city  clerk,  shall  be  sufficient, 
without  further  record ' thereof ; and  all  sales,  conveyances  or 
transfers  of  lots  in  said  cemetery,  by  reference  to  said  map  or 
plat,  shall  be  good  and  valid. 

851.  Manner  of  transferring  lots.]  § 16.  The  conveyance 
or  transfer  of  lots  in  said  cemetery,  from  the  city  to  purchasers, 
may  be  by  deed  or  certificate,  in  such  form  as  the  city  council 
may  prescribe,  signed  by  the  mayor  and  city  clerk,  under  the 
corporate  seal,  without  acknowledgment,  and  such  deed  or  cer- 


206 


STATUTES  RELATING  TO  CITY. 


tificate  shall  vest  the  title  to  the  lots  so  conveyed  or  transferred 
in  the  purchaser,  his  heirs  and  assigns,  in  fee  simple,  for  burial 
purposes  only,  subject  to  such  reasonable  conditions,  rules  and 
regulations,  as  the  city  council  of  said  city  may  prescribe.  The 
conveyance  and  transfer  of  lots  in  said  cemetery,  from  one  pur- 
chaser to  another,  may  be  by  surrender  of  the  original  deed  or 
certificate  to  the  city  clerk,  and  the  city  clerk,  upon  such  sur- 
render being  made,  shall  make  out  and  execute  a new  deed  or 
certificate  to  the  assignee;  and  such  deed  or  certificate  shall 
vest  the  title  of  the  lot  so  conveyed  or  transferred  in  the  grantee, 
in  the  same  manner  as  the  same  was  vested  in  the  original  pur- 
chaser. But  the  city  council  may,  in  its  discretion,  prescribe 
the  manner  and  form  of  conveying  and  transferring  lots  in  said 
cemetery. 

852.  Clerk  to  keep  cemetery  record.  ] § 17.  The  city  clerk 

shall  keep  a cemetery  record,  in  such  manner  as  the  city  council 
may  prescribe,  in  which  he  shall  enter  an  abstract  of  all  sales 
of  lots  in  the  cemetery,  specifying  the  number  of  the  lot  sold 
or  transferred,  the  name  of  the  purchaser  or  assignee,  the  amount 
paid,  and  the  date  of  the  deed,  or  certificate  of  sale,  or  transfer. 

853.  Lots — how  held — used  only  for  cemetery  purposes — 
sexton.]  § 18.  No  lot  in  said  cemetery  shall  be  so  sold,  con- 
veyed or  transferred,  as  to  be  owned  in  severalty  by  two  or  more 
persons;  but  any  lot  may  be  owned  by  two  or  more  persons  as 
tenants  in  common.  And  neither  the  city  nor  owners  of  lots 
in  said  cemetery  shall  convey,  transfer,  appropriate  or  use,  any 
lot  or  other  part  of  said  cemetery  grounds,  for  other  than  ceme- 
tery and  burial  purposes, — except  that  a portion  of  said  grounds, 
not  exceeding  three  acres,  may  be  appropriated  for  the  use  of 
the  city  sexton,  residing  at  the  cemetery. 

854.  No  public  road  over  cemetery.]  § 19.  No  public 

road,  or  highway  shall  be  located,  or  laid  out,  through,  over  or 
upon  said  cemetery  grounds;  nor  shall  any  part  of  said  grounds 
be  taken  or  condemned  for  any  public  use  or  purpose  whatever, 
other  than  cemetery  and  burial  purposes. 

855.  Records  of  cemetery.]  § 20.  The  records  of  the  said 
cemetery,  kept  in  the  office  of  the  city  clerk,  shall  be  evidence  of 
the  facts  therein  stated,  in  all  courts  and  places. 


WEEKLY  PAYMENT  OF  WAGES. 


297 


856.  Additional  rules  may  be  made.]  § 21.  The  city  coun- 
cil may,  by  ordinance,  prescribe  such  additional  rules  and  regu- 
lations, concerning  said  cemetery,  as  may  be  deemed  expedient. 

857.  Limits  of  cemetery  extended — powers  of  the  board  of 
managers.]  § 1.  That  the  fourteenth  section  of  “An  Act  to 
amend  the  charter  of  the  city  of  Springfield,”  approved  Febru- 
ary 15,  [18],  1859,  be  and  the  same  is  so  amended  as  to  read: 
Sections  twenty-one  (21)  and  twenty- two  (22),  in  township  six- 
teen, north  of  range  five,  west  of  the  third  principal  meridian, 
or  so  much  thereof  as  may  be  necessary  for  burying  purposes; 
also  to  empower  the  board  of  managers  of  Oak  Ridge  Cemetery 
to  declare  nuisances  within  one-half  mile  of  said  cemetery,  and 
to  empower  the  city  council  of  said  city,  Ly  ordinance,  to  impose 
a fine  or  penalty  on  those  who  do  not,  after  notice  given,  remove 
any  declared  nuisance  by  said  board  of  managers.  [Act  ap- 
proved February  16,  1865.  Private  laws  of  1865,  vol.  1,  page 
522. 

WEEKLY  PAYMENT  OF  WAGES  BY  CORPORATIONS. 

AN  ACT  to  provide  for  the  weekly  payment  of  wages  by  corporations.  [Ap- 
proved April  23,  1891.  In  force  July  1,  1891. 

858.  Corporations  named  herein  shall  pay  their  employees 

weekly.]  § 1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  General  Assembly , That  every  man- 
ufacturing, mining,  quarrying,  lumbering,  mercantile,  street, 
electric  and  elevated  railway,  steamboat,  telegraph,  telephone, 
and  municipal  corporation,  and  every  incorporated  express  com- 
pany and  water  company,  shall  pay  weekly  each  and  every  em- 
ploye engaged  in  its  business,  the  wages  earned  by  such  em- 
ploye to  within  six  days  of  the  date  of  such  payment:  Pro- 

vided, however,  that  if  at  any  time  of  payment  any  employe  shall 
be  absent  from  his  regular  place  of  labor  he  shall  be  entitled 
to  said  payment  at  any  time  thereafter  upon  demand. 

859.  Corporation  violating  act — penalty.]  § 2.  Any  cor- 

poration violating  any  of  the  provisions  of  this  act  shall  be  lia- 
ble to  a penalty  not  exceeding  fifty  dollars,  and  not  less  than 
ten  dollars  for  each  violation,  to  be  paid  to  the  People  of  the 
State,  and  which  may  be  received  in  a civil  action:  Provided, 

an  action  for  such  violation  is  commenced  within  thirty  days 
from  the  date  thereof.  Any  person  may  bring  an  action  in 


298 


STATUTES  UELATJNG  TO  CITY. 


the  name  of  the  People  of  the  State,  as  plaintiff,  against  any 
corporation  which  neglects  to  comply  with  the  provisions  of 
this  act  for  a period  of  two  weeks,  after  having  been  notified 
in  writing  by  such  person  that  such  action  will  be  .brought. 
On  trial  of  such  action,  such  corporation  shall  not  be  allowed 
to  set  u]>  any  defense  for  a failure  to  pay  weekly  any  employe 
engaged  in  its  business  the  wages  earned  by  such  employe  to 
within  six  days  of  the  date  of  such  payment,  other  than  a valid 
assignment  of  such  wages,  or  a valid  set-off  against  the  same, 
or  the  absence  of  such  employe  from  his  regular  place  of  labor 
at  the  time  of  payment,  or  an  actual  tender  to  such  employe 
at  the  time  of  payment  of  the  wrages  so  earned  by  him,  or  a 
breach  of  contract  by  such  employe  or  a denial  of  the  employ- 
ment. No  assignment  of  future  wages  payable  weekly  under 
the  provisions  of  this  act  shall  be  valid  if  made  to  the  cor- 
poration from  whom  such  wages  are  to  become  due,  or  to  any 
person  on  behalf  of  such  corporation,  or  if  made  or  procured 
to  be  made  to  any  person  for  the  purpose  of  relieving  such 
corporation  from  the  obligation  to  pay  weekly  under  the  pro- 
visions of  this  act.  Nor  shall  any  of  such  corporations  re- 
quire any  agreement  from  any  employe  to  accept  wages  at  other 
periods  than  as  provided  in  section  1 of  this  act,  as  a condi- 
tion of  employment. 

860.  Recovery  of  penalties.]  § 3.  The  penalties  herein 
provided  may  be  recovered  in  any  court  having  civil  jurisdic- 
tion by  such  in  the  name  of  the  person  bringing  the  same. 

PUBLIC  HOSPITALS  IN  CITIES. 

AN  ACT  to  enable  cities  to  establish  and  maintain  public  hospitals.  [Approved 

June  17,  1891.  In  force  July  1,  1891.  Laws  1891,  p.  142. 

861.  What  cities  may  establish  non-sectarian  public  hos- 
pitals.] § 1.  Be  it  enacted  by  the  People  of-  the  State  of 
Illinois , represented  in  the  General  Assembly,  That  the  city 
council  of  each  incorporated  city  of  this  State  having  a popu- 
lation of  less  than  one  hundred  thousand  (100,000)  inhabi- 
tants shall  have  the  power  to  establish  and  maintain  a non- 
sectarian  public  hospital  for  the  use  and  benefit  of  the  inhabi- 
tants of  such  city,  and  any  person  falling  sick,  or  being  in- 
jured or  maimed  within  its  limits,  and  may  levy  a tax  not  to 


PUBLIC  HOSPITALS  IN  CITIES. 


299 


exceed  two  mills  on  the  dollar  annually,  on  all  the  taxable 
property  of  the  city,  such  tax  to  be  levied  and  collected  in  like 
manner  with  the  general  taxes  of  the  said  city,  and  to  be  known 
as  the  “hospital  fund.” 

862.  How  established — election — notice — taxation.]  § 2. 

When  one  hundred  legal  voters  of  any  such  incorporated  city 
shall  present  a petition  to  the  city  council  of  such  city,  ask- 
ing that  an  annual  tax  may  be  levied  for  the  establishment  and 
maintenance  of  a public  hospital  in  such  city,  and  shall  specify 
in  their  petition  a rate  of  taxation  not  to  exceed  two  mills  on 
the  dollar,  such  city  council  shall  instruct  the  city  clerk  to 
and  such  city  clerk  shall,  in  the  next  legal  notice  of  the  regu- 
lar annual  election  in  such  city,  give  notice  that  at  such  elec- 
tion every  elector  may  vote  “for  a mill  tax  for  a pub- 
lic hospital,”  or  “against  a mill  tax  for  a public  hos- 

pital,” specifying  in  such  notice  the  rate  of  taxation  mentioned 
in  said  petition;  and  if  the  majority  of  all  the  votes  cast  in 
such  city  shall  be  “for  the  tax  for  a public  hospital,”  the  tax 
specified  in  such  notice  shall  be  levied  and  collected  in  like  man- 
ner with  other  general  taxes  of  said  city,  and  shall  be  known 
as  the  “hospital  fund,”  and  thereafter  the  city  council  of  such 
city  shall  include  and  appropriate  in  the  annual  appropriation 
bill  such  sum  or  sums  of  money  as  may  be  deemed  necessary  to 
defray  all  necessary  expenses  and  liabilities  of  such  hospital. 

863.  Board  of  directors.]  § 3.  When  any  such  city  coun- 
cil shall  have  decided  to  establish  and  maintain  a public  hos- 
pital under  this  act,  the  mayor  of  such  city  shall,  with  the  ap- 
proval of  the  city  council,  proceed  to  appoint  a board  of  three 
directors,  one  of  whom  may  be  a woman,  for  the  same,  chosen 
from  the  citizens  at  large,  with  reference  to  their  fitness  for  such 
1 office. 

864.  Directors’  term  of  office — removal.]  § 4.  Said  di- 
rectors shall  hold  office  one-third  for  one  year,  one-third  for 
two  years  and  one- third  for  three  years  from  the  first  of  July 
following  their  appointment,  and  at  their  first  regular  meet- 
ing shall  cast  lots  for  the  respective  terms ; and  annually  there- 
after the  mayor  shall,  before  the  first  of  July  each  year,  ap- 
point as  before  one  director  to  take  the  place  of  the  retiring 


STATUTES  RELATING  TO  CITY. 


800 


director,  who  shall  hold  office  for  three  years,  and  until  his 
successor  is  appointed.  The  mayor  may,  by  and  with  the  con- 
sent of  the  city  council,  remove  any  director  for  misconduct 
or  neglect  of  duty. 

865.  Vacancies — how  filled.]  § 5.  Vacancies  in  the  board 

of  directors  occasioned  by  removals,  resignation  or  otherwise, 
shall  be  reported  to  the  city  council  and  be  filled  in  like  man- 
ner as  original  appointments,  and  no  director  shall  receive  com- 
pensation as  such  and  shall  not  be  interested  either  directly 
or  indirectly,  in  the  purchase  or  sale  of  any  supplies  for  said 
hospital. 

866.  Organization  and  power  of  board.]  § 6.  Said  di- 

rectors shall  immediately  after  appointment,  meet  and 
organize  by  the  election  of  one  of  their  number  president,  and 
one  as  secretary  and  by  the  election  of  such  other  officer  as 
they  may  deem  necessary.  They  shall  make  and  adopt  such 
by-laws,  rules  and  regulations  for  their  own  guidance  and  for 
the  government  of  the  hospital  as  may  be  expedient,  not  in- 
consistent with  this  act  and  the  ordinances  of  said  city.  They 
shall  have  the  exclusive  control  of  the  expenditures  of  all  mon- 
eys collected  to  the  credit  of  the  “hospital  fund,”  and  of  the 
construction  of  any  hospital  building,  and  of  the  supervision,  care 
and  custody  of  the  grounds,  rooms  or  buildings  constructed, 
leased  or  set  apart  for  that  purpose : Provided , that  all  moneys 

received  for  such  hospital  shall  be  deposited  in  the  treasury  of 
said  city  to  the  credit  of  the  “hospital  fund,”  and  drawn  upon 
by  the  proper  officers  of  said  city  upon  the  properly  authen- 
ticated vouchers  of  the  hospital  board.  Said  board  shall  have 
the  power  to  purchase  or  lease  ground,  to  occupy,  lease  or  erect 
an  appropriate  building  or  buildings  for  the  use  of  said  hos- 
pital; shall  have  power  to  appoint  a suitable  superintendent 
or  matron,  or  both,  and  necessary  assistants,  and  fix  their  com- 
pensation, and  shall  also  have  power  to  remove  such  appointees ; 
and  shall,  in  general,  carry  out  the  spirit  and  intent  of  this 
act  in  establishing  and  maintaining  a public  hospital,  and  one 
or  all  of  said  directors  shall  visit  and  examine  said  hospital  at 
least  twice  each  month  and  make  monthly  reports  of  its  con- 
dition to  the  city  council. 


PUBLIC  HOSPITALS  IN  CITIES. 


301 


867.  For  whose  benefit  established.]  § 7.  Every  hospital 
established  under  this  act  shall  be  for  the  benefit  of  the  in- 
habitants of  such  city,  and  any  person  falling  sick  or  being  in- 
jured or  maimed  within  its  limits;  but  every  such  inhabitant 
or  person  who  is  not  a pauper  shall  pay  to  such  board  or  such 
officer,  as  it  shall  designate  for  such  city,  such  reasonable  com- 
pensation for  occupancy,  nursing,  care,  medicines  or  attend- 
ance, according  to  the  rules  and  regulations  prescribed  by  said 
board;  such  hospital  always  being  subject  to  such  reasonable 
rules  and  regulations  as  said  board  may  adopt  in  order  to  ren- 
der the  use  of  said  hospital  of  the  greatest  benefit  to  the  great- 
est number;  and  said  board  may  exclude  from  the  use  of  said 
hospital  any  and  all  inhabitants  and  persons  who  shall  will- 
fully violate  such  rules  or  regulations.  And  said  board  may 
extend  the  privileges  and  use  of  such  hospital  to  persons  re- 
siding outside  of  such  city.in  this  State,  upon  such  terms  and 
conditions  as  said  board  may  from  time  to  time  by  its  rules 
and  regulations  prescribe. 

868.  Duty  of  directors — meetings — funds — report,  what  to 

contain.]  § 8.  Said  board  of  directors  shall,  in  the  name 

of  such  city,  receive  and  collect  from  such  inhabitant  or  per- 
son the  compensation  aforesaid,  and  shall  as  often  as  once  in 
each  month,  pay  over  to  the  city  treasurer  all  compensation 
received  or  collected  during  the  month,  and  take  the  receipt 
of  such  treasurer  therefor ; and  shall  also  at  the  regular  monthly 
meeting  of  the  city  council  report  to  such  city  council  the 
names  of  the  persons  or  inhabitants  from  whom  such  com- 
pensation has  been  received  or  collected,  and  the  amount  so 
received  or  collected  from  each  and  the  date  when  so  received 
or  collected.  And  said  board  of  directors  shall  make,  on  or 
before  the  second  Monday  in  June,  an  annual  report  to  the 
city  council,  stating  the  condition  of  their  trust  on  the  first  day 
of  June  of  that  year,  the  various  sums  of  money  received 
from  the  “hospital  fund”  and  from  other  sources,  and  how 
such  money  has  been  expended  and  for  what  purposes;  the 
number  of  patients  and  such  other  statistics,  information  and 
suggestions  as  they  may  deem  of  general  interest. 

869.  Rules  and  regulations.]  § 9.  When  such  hospital 
is  so  established,  the  physicians,  nurses,  attendants,  the  per- 


302 


STATUTES  RELATING  TO  CITY. 


sons  sick  therein  and  all  persons  approaching  or  coming  within 
the  limits  of  the  same,  and  all  furniture  and  other  articles  used 
or  brought  there  shall  be  subject  to  such  rules  and  regulations 
as  said  board  may  prescribe. 

870.  Donations — may  vest  title.]  § 10.  Any  person  de- 
siring to  make  donations  of  money,  personal  property  or  real 
estate  for  the  benefit  of  such  hospital,  shall  have  the  right  to 
vest  the  title  to  the  money  or  real  estate  so  donated  in  the 
board  of  directors  created  under  this  act,  to  be  held  and  con- 
trolled by  such  board,  when  accepted,  according  to  the  terms 
of  the  deed,  gift,  devise  or  bequest  of  such  property;  and  as 
to  such  property  the  said  board  shall  be  held  and  considered 
to  be  special  trustees. 

871.  Physicians — privileges  of.]  §11.  All  physicians  who 

are  recognized  as  legal  practitioners  by  [the]  State  Board  of 
Health  of  Illinois  shall  have  equal  privileges  in  treating  pa- 
tients in  said  hospital. 


INDEX  TO  LAWS. 


A 

ALDERMEN— 

Election  of  aldermen  by  minority  pla 

Number  of  aldermen 

Term  of  office 

Vacancy  

Qualifications  

Judge  of  election — and  qualification  of 
Appointment — not  to  accept  any  unde 
Contracts — not  to  be  interested  in.  . . . 

Attorney — not  to  act  as,  in  procuring 

Penalties  for  certain  acts 

Resignation  in  vacancies 

Who  determine  when  vacant 

First  election  of 

Minority  representation 

Under  minority  plan 

When  minority  plan  not  adopted 

ALLEYS— 

Vacation  of  Streets  and  Alleys. 

Three-fourths  vote  required,  damages 
Rights  of  adjoining  owners 

ANIMALS— 

Prohibiting  animals  from  running  at  large  in  cities, 


towns  and  villages 768 

Penalties 769 

Animals  may  be  held  for  fines  and  damages 770 

ANTICIPATORY— 

Anticipatory  warrants 797 

APPROPRIATIONS— 

Appropriation  ordinance — annual 89 

Increased — not  to  be  except,  etc 90 

ART— 

Creation  of  Art  Commissions  and  to  Define  their  Powers. 

When  art  commission  may  be  created 633 

Who  to  constitute  commission 634 

Terms  of  members — vacancy  635 

No  compensation — rules — quorum 636 

Offices  to  be  provided 637 

Purchase  of  works  of  art  to  be  approved  by  the  com- 
mission— 'duties  of  commission 638 

When  decision  unnecessary.  639 

Removal  or  re-location  of  works  of  art 640 

ASSESSMENT  OF  TAXES— 

Assessment  and  collection  of  Taxes.  Art.  8. 

Ordinance  levying  tax Ill 

Manner  of  collecting 112 


Section 

492 

30 

31 

32 

33 

34 


r mayor 802 

803 

bribery 803 

804 


805-806 

807 

52 

53 

54 

55 


744 

745 


304 


INDEX  TO  LAWS. 


Section 

Time  of  paying  over 113 

When  tax  levied  for  particular  purpose 114 

Tax  to  be  uniform 115 

Special  Assessments  for  Local  Improvements.  Art.  9 116 

When  improvements  made  by  general  tax 116 

When  made  special  for  local  improvements 507-535 

Delinquent  special  assessment — return  of 826 

Assessment  and  collection  of  special  taxes 283 

Special  water  tax 258 

B 

BALLOT  BOXES— 

Manner  of  providing  ballot  boxes 767 

Who  shall  provide  ballot  boxes- 767 

BOARD— 

Education. 

Education,  board  of,  see  education 841-848 

Firemen's  Fund. 

Trustees  of  firemen’s  fund — how  created  and  their 

duties — see  insurance  companies 403-419 

Hospitals — public. 

Directors  for  public  hospitals 863 

Term  of  office 864 

Removals  864 

Vacancies  and  how  filled 865 

Organization  and  power  of 866 

Duties  of 868 

Improvements — local  ’ 512 

Recommendations  by 515 

Library. 

How  appointed  678 

Term  of  office  and  removals 679 

Vacancies  680 

Compensation  680 

Organization  and  power  of 681 

Directors  in  villages 687 

Erection  of  buildings 690 

Investment  of  funds 690 

Board  of  registration 788 

School  Directors. 

How  organized — powers,  etc 712 

Steam  Boilers. 

Persons  in  charge  of — examination 440 

Towns — Organization  of. 

Officers — election  of 810 

Council — powers  exercised  811 

Provision  made  by  council 812 

Justices — number  regulated 813 

Plumbers. 

Board  to  examine  plumber’s  certificate 499 

Appointed  by  mayor 500 


INDEX  TO  LAWS. 


305 


Section 

BOILERS— 

Steam  Boiler  Explosions. 


Persons  in  charge  of  steam  boilers — license,  penalty.  . . 439 

Board  to  examine — license,  etc 440 

BONDS— 

Improvement  Districts. 

May  issue  bonds 327 

Interest  and  principle  on  same — how  paid 328 

Bonds  Municipal. 

New  bonds  may  be  issued  for  indebtedness  in  place  of 

old  ones 771 

Valuation  of  taxable  property,  to  be  indorsed  on  bond..  772 

Election  notice 773 

Registration ^ 774 

Auditor  to  certify  rate  required 775 

State  custodian  collection  payment 776 

How  money  disbursed 777 

When  registered  bonds  mature  and  are  not  paid 778 

Entry  of  . payment 779 

Fees  collectors  bond 780 

Bonds  by  whom  executed 781 

Printing  and  delivery  of  ballots — cards  of  instruction.  . . 782 

Nominations  783 

Certificates  of  nomination  and  nomination  papers 784 

Objections  to  nominations 785 

Printing  of  ballots — charge  of 786 

Opening  and  closing  polls 787 

Taxes. 

Power  to  issue  against  taxes 2701 

When  mature 270m 

PARKS— 

Issued  to  pay  indebtedness  for 704 

BORROW— 

May  borrow  money  for  exigency 90 

Contracting  liabilities — limited 91 

BRIDGES— 

Fast  driving  on  bridges — prohibited 194b 


BUILDING— PUBLIC— 

To  Authorize  Cities  whose  Public  Buildings  have  been  Des- 
troyed, etc.,  by  Cyclone,  etc.,  to  Levy  a Tax  to  Pay  the 
Cost  of  Re-Building,  etc. 

What  cities  to  have  power  to  rebuild  or  restore  such 

building — restoration  tax 627 

How  restoration  tax  to  be  levied 628 

Restoration  tax  to  be  deposited  in  the  city  treasury — 

how  paid  out 629 

Emergency  630 

Doors  to  open  outward 732 

Penalty  733 

When  public  buidings  may  be  closed 734 


306 


INDEX  TO  LAWS. 


Section 

Private  Buildings. 

City,  or  if  not  in  city,  county,  liable  for  three-fourths 

damages  735 

Action  how  brought — Judgment 736 

When  entitled  to  recover 737 

Action  by  party  against  persons  engaged  in  riot,  lien  of 

city,  etc > 738 

Action  by  city  or  county  against  persons  engaged  in  riot  739 
Notice  of  claim  of  damages  when  action  shall  be  brought  740 
When  city  or  county  settles  claim 741 

C 

CEMETERIES— 

May  be  removed — when 756 

May  establish  and  maintain 757 

Acquire  lands  for 757 

Two  or  more  cities  or  towns  to  establish  jointly — power 

of  758 

Control  of — by  corporate  authorities 759 

CEMETERY— 

Oak  Ridge,  Cemetery. 

The  cemetery  described  and  established 849 

Manner  of  laying  out — selling  lots 850 

Manner  of  transferring  lots 851 

Clerk  to  keep  cemetery  record 852 

Lots  how  held,  used  only  for  cemetery  purposes,  sexton.  853 

No  public  road  over  cemetery 854 

Records  of  cemetery 855 

Additional  rules  may  be  made 856 

Limits  of  cemetery  extended  powers  of  the  board  of 

managers  857 

CHARTER— 

Provisions  of  the  Former  Charter  of  the  City  of  Springfield. 

Original  charter  limits 835 

Boundary  and  name 836 

City  limits  and  jurisdiction  extended 837 

Limits  and  jurisdiction  further  extended 838 

Corporate  limits  further  extended 839 

Grand  avenue — opening  of 840 

CHILD— 

Preventing  child  from  attending  school — penalty 831 

Preventing  exclusion  from  school  on  account  of  color.  . 830 

CHILDREN  — 

Children  of  disabled  patrolmen — see ; 423-434 

No  exclusion  from  public  schools  on  account  of  color.  . 830 

Preventing  child  from  attending  school — penaty 831 

CITIES— 

Organization  of  Art.  1 Sec.  1 13e 

How  city  may  be  incorporated  under  this  act 1 

Petitioned  by  one-eighth  legal  voters 1 

Notice  of  election 2 

The  ballots — result 3 

How  towns  may  become  cities 4 


INDEX  TO  LAWS. 


307 


Section 

City,  how  organized 5 

Judicial  notice  of  organization  and  change 6 

Election  of  officers * 7 

When  county  judge  to  give  notice  of  election,  etc 8 

Term  of  first  officers 9 

Corporate  name — powers 10 

Prior  ordinances,  etc.,  in  force  until,  etc 11 

Rights,  etc.,  of  old  corporation  to  vest  in  new 12 

Record  of  result  of  election 13 

Certificate  to  be  filed  with  secretary  of  state 13 

City  register’s  office  abolished 13a 

To  legalize  elections  held  to  incorporate  as  a city  or 

village  in  certain  cases — charter 13d 

Emergency 13e 

Power  of  and  privilege  of — to  establish  water  works...  268 
T owns. 

City  territory  organized  as  town — see  town 746-752 

Territory  organized  as  town 808 

Town  in  city 809 

Officers — election  of 810 

Council — powers  811 

Council — provision  made 812 

Justice’s — number  regulated 813 

Officers — vacancy  of 814 

Railroads. 

Speed  of  railroads  through,  damages 823 

CITIZENS— 

None  but  citizens  to  be  paid  from  public  fund 760 

COLLECTING— 

Manner  of  collecting  taxes 112 

COLLECTIONS— 

Sworn  Statements  of  Collections  to  be  made — Payments. 

Thirty  days  settlement  with  cities,  etc 659 

Thirty  day  settlement  with  county  collector 660 

Local  taxes  to  be  paid  over,  etc 661 

Pinal  settlement  for  local  taxes  before  return 662 

Duplicate  receipts 663 

City,  etc.,  may  buy  in  at  sale 664 

Collectors  in  cities  or  incorporated  towns 665 

How  licenses  may  be  granted 666 

Bond  how  taken 667 

Duty  of  officers 668 

Taxes. 

Collection  of 111-115 

Manner  of 112 

Time  of  paying 113 

COLLECTOR— 

City  Collector. 

His  duties 100 

He  shall  report,  etc. — publication 101 

Not  to  detain  money — penalty 102 

Examination  of  books 103 

Pay  over  and  take  receipt 103 

Duties  required  by  council 107 


308 


INDEX  TO  LAWS. 


Section 

COMPTROLLER— 

Clerk  to  act  as 104 

His  powers  and  duties : 104 

Council  may  define  duties 105 

Clerks  financial  duties  transferred  to  him 105 

Record  of  bonds  issued  by  city 106 

CONSTABLE— 

Special  constable — see  special  constable  or  special  police444-445 

CONSTITUTIONAL  PROVISIONS— 

Power  to  tax 653 

Fees  or  salaries  of  officers  not  to  be  changed  during  term  654 

Indebtedness  of — limited 655 

Municipal  subscriptions  to  railroad  or  private  corpora- 
tions   656 

Property  exempt  from  taxation 657 

Proper  authorities  to  certify  tax  rate 658 

CORPORATIONS— 

M unicipal. 

Employees  paid  weekly 858 

Violation  of  act — penalty 859 

Recovery  of  penalties 860 

Private. 

Municipal  subscriptions  to  private  corporations  pro- 
hibited by  constitution 656 

CORRECTION  — 

Houses  of  Correction. 

Cities  may  establish 714 

Inspectors,  appointment — term  of  office 715 

Rules,  employees,  appropriations 716 

Compensation  and  duties  of  inspectors,  records 717 

Books — quarterly  statement — accounts  718 

Further  reports,  removal  of  officers,  etc 719 

Duties  of  superintendent — appointment  term  of  office 

deputy • 720 

County  may  use  house  of  correction 721 

Commitment  722 

Conveying  convict  to  house  of  correction — fees 723 

Application  of  other  laws,  etc 724 

House  of  shelter 725 

Expenses  726 

Unted  States  convicts 727 

Bridewell  changed  to  house  of  correction 728 

Salary  of  superintendent,  record  of  conduct — good  time  729 

Oath — bond  730 

Tax  on  net  receipts 731 

May  establish  houses  of  correction  outside  of  corporate 

limits — police  powers  over 506 

COUNCIL  OF  CITY— 

Council.  Art.  3. 

How  composed 29 

Number  of  aldermen 30 

Term  of  office  of  aldermen 31 

Vacancy  32 


INDEX  TO  LAWS. 


309 


Section 

Qualifications  of  aldermen 33 

Judge  of  election  and  qualification  of  member 34 

Shall  determine  its  own  rules 35 

May  expel  a member 35 

Bribery  vacates  office 35 

Quorum 36 

Compelling  attendance 36 

Meetings  37 

Chairman,  pro  tern 38 

Open  doors 39 

Journal  shall  be  kept 40 

Yeas  and  nays,  when  to-  be  taken . 41 

A majority  necessary  to  pass  ordinance 41 

Two-thirds  necessary  to  sell  property 41 

Rescinding  vote  at  special  meeting 42 

When  report  laid  over 43 

Territorial  jurisdiction 44 

Special  meetings  45 

Ordinances — approval — veto 46 

Reconsideration — passing  over  veto 47 

Powers  of  Council.  Art.  5. 

Powers  enumerated 62 

Emergency  - 62^ 

Power  to  license,  tax,  etc.,  itinerant  merchants,  etc 62a 

Ordinances,  style  of 63 

Publication  of 64 

When  they  take  effect 64 

Proof  of 65 

Suits  for  violation  of 66 

Fines  and  forfeitures  paid  to  treasurer 67 

License  money  paid  to  treasurer 67 

Proceedings  in  suits,  for  violation  of  ordinances 68 

Punishment  for  violation  of  ordinances 68 

Jurisdiction  under  ordinances . 69 

Constable  or  sheriff  may  serve  process  and  make  arrests  70 

Jurisdiction  over  waters 71 

Street  labor 71 

May  classify  election  of  alderman  by  minority  plan....  492 

Powers  conferred  on 270 

Election  of 810 

Powers  exercised  811 

Provisions — made  by 812 

Regulate  number  of  justices 813 

D 

DIRECTORS—. 

Directors  of  schools 710 

How  appointed ; 711 

Board  of — how  organized,  etc 712 

DRAINS  AND  SEWERAGE— 

See  sewerage  and  drains 323-336-606-615 

Sewerage  fund  tax 280-281 

To  be  built  by  special  assessment 230 

DRIVEWAYS— 

Pleasure  Driveways  in  Incorporated  Cities,  Villages  and  Towns. 

Pleasure  driveways — how  established 435 

May  be  laid  out,  etc.,  under  article  IX 436 


310 


INDPX  TO  LAWS. 


Section 

Power  of  corporate  authorities  to  regulate,  etc 437 

Emergency 438 

Plats  to  be  Recorded,  etc. 

Plats  of  highways,  etc.,  to  be  made  and  recorded 753 

Prosecuting  offenders  . » 754 

DUMMIES— 

Location  of  road — consent — notice — damages 700 

E 

EDUCATION— 

Board  of  Education. 

Board  of  education  general  powers 841 

To  consist  of  nine  members — council  to  elect,  organiza- 
tion   842 

Term  of  office  vacancies — how  filled 843 

To  report  to  council,  money  required 844 

Council  to  levy  tax — separate  account  by  collector 845 

School  funds — how  paid  out 846 

Organization  after  annual  election 847 

Inconsistent  acts  repealed — public  act,  when  to  take 

effect 848 

ELECTIONS— 

Annual  election  48 

Election  of  mayor,  etc 49 

Who  entitled  to  vote 50 

Wards  51 

Aldermen  at  first  election — classified 52 

Minority  representation 53 

Aldermen  under  minority  plan 54 

Aldermen  when  minority  plan  not  adopted 55 

Place  of  election 56 

Notice  of  election 56 

Manner  of  conducting,  keeping  poll  books,  etc 57 

Result — tie 58 

Notice  to  persons  elected  or  appointed 59 

When  no  quorum  in  office 60 

Special  election  61 

Time  of  opening  and  closing  polls 297 

Election  of  city  officers  in  same  territory  as  in  organized 

township  298 

Election  of  alderman  by  minority  plan 492 

Ballot  Boxes. 

Ballot  boxes,  polling  places,  canvass,  town  meetings....  767 

Electors  Registration  of. 

Board  of  registration — meeting — register — for  municipal 

election  788 

Repeal  789 

ELECTIONS— 

Police  magistrates  249-821 

Township  officers 748 

Villages. 

Annual  elections 190 

Special  elections  190 


INDEX  TO  LAWS. 


311 


Section 

ELECTORS— 

Registration  788 

EVIDENCE— 

• 

Records  of  cities,  etc.,  how  certified 790 

Records,  etc.,  of  private  corporations — how  certified....  791 

Form  of  certificate 792 

Sworn  copies  793 

Penalty  794 

EXCLUSION— 

Exclusion  from  school  on  account  of  color  prohibited.  . . 830 

Penalty  for  excluding  on  account  of  color 830 

EXIGENCY— 

May  borrow  money  for 90 

Contracting  liabilities  limited 91 

Prohibited  from  using  city  funds 96 

F 

FARMERS— 

May  sell  produce  without  license 801 

FEES— 

Constitutional  provision  on  changing  fees  and  salaries 

during  term  of  office 654 

Finance.  Art.  7. 

Fiscal  year  88 

Annual  appropriation  ordinance 89 

Appropriation  not  to>  be  increased  except,  etc 90 

May  borrow  money  for  exigency 90 

Contracting  liabilities,  limited 91 

Duties  of  treasurer 92 

Funds  kept  separate 93 

Receipts  94 

Monthly  statements  95 

Warrants  and  vouchers  filed  with  clerk  on  settlement. . . 95 

Register  of  warrants  paid,  etc 95 

Deposit  of  funds 96 

Funds  kept  separate  from  his  own 96 

Prohibited  from  using  city’s  funds 96 

Treasurer’s  annual  report — publication 97 

Warrants. — how  signed 98 

Warrants  to  state  fund 98 

Special  assessment  funds  kept  separate 99 

FINES— 

How  recovered  by  bringing  suit  against 302 

FIRE— 

Cause  of  fire  to  be  inspected 494-497 

FIRE  INSPECTOR— 

Fire  Inspector  in  Certain  Cities  to  Investigate  Cause,  Origin  and 
Circumstances  of  Fires. 

Fire  inspector  to  investigate  cause,  etc.,  of  fires 494 

Duties  and  powers  of  fire  inspectors 495 

Fire  inspector  to  have  power  of  trial  justice — administer 

oaths — may  examine  any  building  day  or  night 496 


312 


INDEX  TO  LAWS. 


Section 

Owner — penalty  for  falling  to  comply  with  orders  of  Are 
inspector 497 

FISCAL— 

Fiscal  year 88 

FLAGMEN— 

Shelter  for  flagmen 824 

FREE  PUBLIC  LIBRARIES— 

See  libraries  677-699 

fund— 

Police  and  Firemen. 

Relief  of  police  and  firemen 382-402 

Handled  by  board  of  trustees  of  firemen — see  insurance 

companies 403-419 

State. 

Drawn  upon  when 98 

Water  Works. 

Separate  for 259 

When  act  not  applied 260 

Emergency  261 

H 

HEALTH  COMMISSIONER— 

Notification  of  plumber 305 

HEATING  AND  LIGHTING— 

Conditions  upon  which  priveleges  to  lay  pipes  or  string 

wires  for  lighting  purposes  in  streets  may  be  granted  491 
Remedy  of  property  holder  to  inforce  act 491 

HIGHWAYS— 

Vacation  of  Highways. 

Requiring  three-fourths  vote — damages 744 

Adjoining  owners — rights  of 745 

Plats  of — to  be  made  and  recorded 753 

HORSE  CARS— 

Location  of  road — consent — notice — damages 700 

HOSPITALS— 

Public  Hospitals  in  Cities. 

What  cities  may  establish  non-sectarian  hospitals 861 

How  established — election — notice — taxation 862 

Board  of  directors 863 

Directors  term  of  office — removal 864 

Vacancies — how  filled 865 

Organization  and  power  of  board 866 

For  whose  benefit  established 867 

Duty  of  directors — meetings — funds — report,  wdiat  to 

contain 868 

Rules  and  regulations 869 

Donations — may  vest  title 870 

Physicians — privileges  of 871 


INDEX  TO  LAWS. 


313 


Section 

HOUSE  OF  CORRECTION— 

See  correction 506-714-731 


ILL-FAME— HOUSE  OF— 

Licensing  and  medical  inspection  forbidden 245 

Emergency  246 

IMPROVEMENTS— 

When  improvements  made  by  general  tax 116 

IMPROVEMENTS— LOCAL— 

Local  Improvements — Special  Assessments — Special  Taxation. 

Powers  conferred 507 

In  cities  having  population  of  less  than  50,000 509 

Municipal  officers  in  cities  of  50,000  and  over 508 

Ordinance  authorizing  improvements — petition  of  pro- 
perty owners  510 

Restriction  on  passage  of  ordinance 511 

Board  of  local  improvements 512 

Proceedings  preliminary  to  public  hearing 513 

Public  hearing  514 

Recommendation  by  board 515 

Estimate  of  cost 516 

Publication  of  ordinance £>17 

When  property  is  taken 518 

Petition  519 

Contents  of  petition— commissioners 520 

Commissioners’  report 521 

Net  damage  or  benefit 522 

Off-set  for  land  donated 523 

Commissioners’  certificate  524 

Affidavit  of  ownership 525 

Jurisdiction  of  defendants 526 

Mailing  notice  to  owners..... 527 

Mailing  notice  to  parties  assessed 528 

Trials  529 

Separate  trials  530 

View  by  the  jury 531 

Adjournments  532 

Where  title  has  changed 533 

Adverse  claimants 534 

Infant  or  insane  owner 535 

Effect  of  judgment 536 

Order  for  possession.... 537 

Proceedings  pending  appeal 538 

Filing  roll — commissioners — deficiency — revised  assess- 
ment roll — notice 539 

Improvements  requested  by  majority  of  frontage — side- 
walks   540 

Special  tax 541 

Special  assessment  542 

Jurisdiction  of  courts 543 

Order  for  assessment 544 

Apportionment  of  cost 545 

Description  of  property  assessed 546 

Assessment  roll — notices 547 


—12 


314 


1NDKX  TO  LAWS. 


Section 

Division  of  assessment  into  Installments — payment  of — 

interest  548 

Retirement  of  bonds  annually 549 

Notice  by  posting  and  publication 550 

Continuance  for  notice 551 

Objections 552 

Review  of  assessment  roll  by  the  court 553 

Hearing  of  legal  objections 554 

Trial  by  jury 555 

Distribution  of  deficiency 556 

Precedence  for  trial 557 

Modification  by  court 558 

Land  to  be  first  acquired 559 

Prior  improvement  of  same  kind  no  objection 560 

Judgment  on  installment  assessments 561 

Effect  of  judgment 562 

Vacation  of  assessment — new  assessment 563 

New  assessment  for  completed  work 564 

Supplemental  assessments  565 

New  assessment  against  delinquents 566 

Collection — certifying  roll 567 

Warrant  to  collector 568 

Collector’s  notice  569 

Collector’s  demand — penalty — entry  of  payment 570 

Report  of  delinquent  list  to  county  collector 571 

Report  to  be  evidence 572 

Application  for  judgment — sale — revenue  laws  to  govern  573 

Return  of  sale — redemption 574 

Sale  where  assessment  paid — penalty 575 

Paying  over — compensation 576 

General  revenue  laws  apply 577 

Municipality  may  buy  in . 578 

Contracts  payable  from  assessments — claim  limited  to 

fund  collected 579 

Letting  contracts — where  city,  etc.,  may  perform  the 

work 580 

When  steps  to  be  taken  to  let  contracts 581 

Notice  for  letting  contracts — bids 582 

Accepting  bid — contract 583 

Person  interested  entitled  to  hearing 584 

Notice  of  awarding  contract 585 

Owners  of  a majority  of  frontage  may  take  contract. . . . 586 

Rejecting  bids  in  case  of  default 587 

Completing  unfinished  work — contractor’s  bond — pay- 
ment of  expenses 588 

Appointment  of  attorneys,  engineers,  clerks,  inspectors, 
etc. — execution  and  acceptance  of  work — recourse 

on  municipality 589 

Abateing  excess  of  assessment  over  cost  of  improvement  590 

Inspection  of  work 591 

Bonds  to  anticipate  installments  or  assessments 592 

Bonds  to  be  issued  at  par  and  accrued  interest 593 

Payment  by  bonds  or  vouchers 594 

Payment  of  assessment  in  bonds 595 

No  claims  except  against  the  assessment 596 

Payments  as  work  progresses 597 

Interest  on  bonds — how  to  be  paid 598 

Rebates  declared  and  paid 599 

Expenses,  costs,  etc. — how  to  be  paid 600 


INDEX  TO  LAWS. 


315 


Section 

Appeals  601 

Writs  of  error 602 

Adoption  of  this  act  by  other  municipalities 603 

Use  of  provisions  of  this  act  by  other  corporate  authori- 
ties   604 

Repeal  of  conflicting  acts — pending  cases 605 

Local  Improvements. 

Repeal  of  ordinance 605a 

Board  to  report  to  council 605b 

Emergency 605c 

INDEBTEDNESS— 

Constitutional  provision  limiting  indebtedness 655 

INSPECTOR— 

See  fire  inspector 494-497 

INSPECTOR  OF  OILS— 

Appointment  of 669 

Term  of  office 669 

Deputies  669 

Duties  of 671 

Oath  of 670 

Record  to  keep  open 673 

Misconduct  in  office 674 

Neglect — penalty  for 675 

Selling  oil  not  inspected 675 

INSPECTORS— 

Inspectors  of  Schools. 

Number  increased — how 381a 

Emergency 381b 

INSURANCE  COMPANIES— 

Tax  or  License  Fee  from  Foreign  Fire  Insurance  Companies  for 
Benefit  of  Fire  Departments. 

Foreign  fire  insurance  companies  to  pay  tax  or  license 

fee — penalty  420 

Penalty  for  violating  this  act 421 

Repeal  422 

For  Pensioning  Disabled  Fire  Insurance  Patrolmen,  the  Widows 
and  Children  of  Deceased  Patrolmen,  Retirement  and  Pension- 
ing Members  of  Fire  Insurance  Patrol,  etc. 

In  what  cities,  etc.,  fund  may  be  created 423 

Control  and  management  of  fund — fund  set  aside  to  pay 

etc. — rules  and  regulations 424 

Money  to  be  paid  into  pension  fund,  except,  etc 425 

Investment  of  funds 426 

Retirement  of  member — pension 427 

Pension  fund — to  whom  and  when  paid 428 

Pensions  for  members  of  the  fire  insurance  patrol  re- 
tired, etc 429 

To  whom  this  act  applies 430 

Custodian  of  fund — bound 431 

Moneys,  how  paid— when  deposited — interest.... 432 

Report 43^ 

Funds  not  liable  to  execution,  etc 434 


INDEX  TO  LAWS. 


316 

Section 

Creation  of  Board  of  Trustees  of  Firemen’s  Fund  and  the  Forma- 
tion and  Disbursement  of  the  Fund. 

Fund,  how  created — treasurers  of  fund 403 

Board  of  trustees  of  firemen’s  pension  fund 404 

Management  of  fund — assessment  of  members 405 

Deciding  upon  applications — record  of  meetings 405 

Rewards — gifts  and  devises — permanent  fund 406 

Power  of  board  to  draw  fund — investing  same 407 

Deposit  of  securities 407 

Interest  from  investment  of  fund — diminishing  rate  from 

licenses  408 

Retirement  on  account  of  physical  or  mental  disability. . 409 

Death  while  in  performance  of  duty — pension  to  widow.  410 

When  fund  insufficient 410 

Beneficiaries  under  prior  act 411 

Retirement  after  twenty- two  years  service,  etc 412 

To  whom  act  applies 413 

Treasurer  of  board,  custodian  of  fund 414 

Books  and  accounts— bond 414 

Duty  of  mayor,  or,  etc.,  to  draw  warrants 415 

Money  paid  only  upon  warrants  signed,  etc. — interest 

from  fund 416 

Report  of  board  of  conditions  of  fund 417 

Fund  not  subject  to  levy  either  before  or  after  order  of 

distribution  418 

Repeal  419 

Tax  and  license  on  net  receipts  of  foreign  fire  insurance 

companies  and  penalty  for  non-payment  of  same...  110 
Tax  on  net  receipts 795 

J 

JUSTICE— 

Jurisdiction  of  Justice. 

Justices  of  the  peace  shall  have  jurisdiction  in  all  cases 
for  violations  of  the  ordinances  of  cities,  towns  or 

villages  800 

Number  of — regulated  how 751 

Number  of — to  be  regulated 813 

L 

LABOR— 

To  Protect  the  Labor  of  Native  and  Naturalized  American  Citizens. 

None  but  citizens  or  those  having  declared  their  inten- 
tion to  be  paid  from  public  funds 760 

Person  employing  labor  to  be  paid  out  of  public  funds 

to  make  list,  etc 761 

Penalty  for  violating  this  act 762 

Making  false  certificate — penalty 763 

Employed  to  investigate  and  discharge  aliens 764 

Failure  to  take  final  papers 765 

LANDS— 

Holding  Lands  as  a Common,  Endangered  by  Washing  Away  of 
Bank. 

May  transfer  site  and  preserve  rights 486 

How  property  may  be  acquired 487 

When  title  of  acquired  land  vests 488 


INDEX  TO  LAWS. 


31? 


Section 

CORPORATE  AUTHORITIES— 

Costs  of  Procuring  Lands. 

Lands  for  public  parks,  authority  of  corporate  authori- 
ties to  issue  bonds  to  pay  indebtedness 704 

LIABILITIES— 

Liabilities — contracting  of — limited 91 

Constitution  provision 655 

LIBRARIES— 

Establishment  by  city,  tax,  fund,  etc 677 

Directors  678 

Term  of  office — removal 679 

Vacancies — compensation 680 

Organization,  powers  of  directors — funds 681 

Who  may  use  library 682 

Report  of  directors 683 

Penalties  684 

Donations  685 

Powers  of  villages,  towns  and  townships 686 

Directors  in  villages,  etc % 687 

Emergency  688. 

Erection  of  building,  plans,  cost 689 

Duty  of  board,  erection  of  building — investment  of  funds  690 

How  contract  to  be  let 691 

May  rent  portion — borrow  money — tax  levy: 692 

Library  association  may  sell,  etc.,  to  public  libraries — 

meeting — notice  693 

Vote — manner  of  making  conveyance,  etc 694 

Incorporation  of  Free  Public  Libraries. 

Trustees  may  form  corporation  to  establish 695 

Corporation — how  formed 696 

Perfecting  organization — corporate  purposes 697 

Powers  of  corporation — who  members — property — taxa- 
tion   698 

Records,  etc.,  of  cities,  etc. — how  certified 699 

LICENSE — i 
Farmers. 

Sell  produce  without 801 

Foreign  Fire  Insurance  Companies. 

License  fee  to  be  paid  by., 420 

License  to  be  paid  by — on  net  receipts 110 

House  of  Ill-Fame. 

Forbidden  245 

Liquor — Under  Special  Charters  Having  a Special  Prohibitory 
Liquor  License  Clause. 

Reorganization — how  prohibitory  clause  may  be  re- 
tained   616 

Election  for  retaining  prohibitory  clause 617 

Plumbers. 

Licensing  of 498-504 

Saloon. 

Per  cent  from — for  police  and  firemen  fund 382a 

Steam  Boilers. 

Persons  in  charge  of — license,  penalty 439 


318 


INDEX  TO  LAWS. 


Section 

LIGHTING  AND  HEATING— 

Conditions  upon  which  privileges  to  lay  pipes  or  string 
• wires  for  lighting  purposes  in  streets  may  be 

granted  491 

Remedy  of  property  holder  to  enforce  act 491 

LIQUORS— SALE  OF— 

Sale  of  Liquors  Outside  Cities,  Villages  and  Towns. 

Penalty  for  selling  liquor  outside  limits  of  cities,  towns 

and  villages  706 

Any  shift  or  device  to  evade,  etc.,  an  unlawful  selling. . 707 

What  necessary  to  show  on  prosecution 708 

Not  to  prevent  county  board  from  granting  license....  709 
Prohibited  in  certain  territory  coming  into  the  city.  ..  616-617 

LOCAL— 

Local  improvements  by  special  assessments — see  im- 
provements   507-535 

LODGING  AND  TENEMENT  HOUSES— 

See  Tenement  and  lodging  houses 303-309 

M 

MAGISTRATES— 

Police  Magistrates. 

Election  and  term  of  office,  jurisdiction 821 

Emergency  822 

Election  of 249 

Jurisdiction  249 

Jurisdiction  in  municipal  limit's 250b 

Mayor.  Art.  2. 

His  qualifications  14 

Vacancy  in  office  of 15-18 

Pro  tempore  17 

Vacancy  by  removal  from  city 18 

To  preside  19 

To  vote  only  when  tie 19 

When  he  may  remove  officers ' 20 

Powers  to  keep  peace 21 

May  release  prisoners 22 

Duties  of 23 

To  enforce  ordinances 23 

May  examine  books  of  city  officers 24 

Messages  to  council 25 

- May  call  out  militia  to  suppress  riot 26 

Misconduct  of  mayor  or  other  officers 27 

May  appoint  person  to  revise  ordinances 28 

Mayor’s  Bill. 

Approval  and  veto  of  ordinances 273^-274 

Passage  over  veto 275 

Emergency  276 

Approval  and  veto  of  ordinances 274 

Passage  of  ordinance  over  mayor’s  veto 275 

Ordinance  to  be  deposited  in  office  of  city  clerk 274 

Veto  may  extend  to  one  or  more  items 274 

Pass  over  mayor’s  veto,  yeas  and  nays  to  be  entered 

on  journal  275 


INDEX  TO  LAWS. 


319 


Section 

MEDICAL— 

Inspection  of  house  of  ill-fame  forbidden 245 

MEETINGS— 

Town. 

Exceptions  as  to  cities  and  villages 743 

MUNICIPAL— 

Bonds. 

New  bonds  issued  in  place  of  old  ones — how 771-787 

Corporations. 

Interest  on  warrants  of 489 

Subscriptions. 

Made  to  railroads  prohibited  by  constitution 656 

Made  to  private  corporations  prohibited  by  constitution  656 

N 

NAME— 

Changing  name  of  village 234-242 

NATIVE  AMERICAN  CITIZEN— 

Labor  of — to  be  protected 760 

Public  funds  to  be  paid  only  to 760 

NON-RESIDENT— 

Not  to  be  special  constable,  deputy  or  special  police- 
man, etc 444 

Penalty  for 445 

NON-SECTARIAN  HOSPITALS— 

See  hospitals  861-871 

O 

OAK  RIDGE— 

See  cemetery 849-857 

OFFICERS— 

Powers  and  Duties.  Art.  6. 

Officers  of  the  city 72-73 

Council  may  create  or  discontinue  certain  offices 73 

Marshal,  his  duties 73 

Appointment  of  officers 74 

Vacancies,  how  filled 74 

Duties  and  term  of  appointive  officers 74 

Oath  of  office 75 

Bond,  official  75 

Commission  or  certificate  of  election 76 

Delivery  of  books,  etc.,  to  successor.... 76 

Qualifications  of  officers 77 

Officers  not  to  be  interested  in  contracts,  etc 78 

Bribery — penalty  79 

Mayor,  etc.,  not  to  hold  other  office 80-82 

Duties  of  clerk 81 

Record  of  ordinances 82 

Conservators  of  the  peace — powers 83 

Compensation  of  mayor 84 


320 


INDEX  TO  LAWS. 


Section 

Compensation  of  aldermen 85 

Compensation  of  other  officers 86 

Administering  oaths  87 

Further  duties  may  be  required  of  officers 107 

Who  may  appoint  subordinates 109 

Liability  for  subordinates 109 

Salaries  of  city  officers  not  to  be  changed  during  term  271 
Compensation  of — unlawful  to  take  greater  sum  than 

percentage,  etc 372 

Corrupt  Practices  of. 

Aldermen  not  accept  any  appointment  under  mayor.  . . 802 

Not  to  be  interested  in  contracts — not  to  act  as  attor- 
ney to  procure — bribery 803 

Penalty  „.. 804 

Resignations  and  Vacancies. 

Resignations  of  elective  offices 805 

When  office  to  become  vacant 806 

Who  may  determine  when  vacancy  exists 807 

Salaries  or  Fees. 

Not  to  be  changed  during  term  of  office 654 

Township. 

Election  of 748 

Villages. 

Continuance  of  old  officers  until 181 

New  organization — how  affected 182 

Petition — election — return,  etc 183 

Result — election  of  officers 184 

Trustees — elected  how 185 

Term  of  office — how  long 185 

Corporate  name  185 

Powers  and  duties  of — president  and  trustees 186 

Appointment  of  officers — duties  of 188 

Fees  of 188 

Powers  of  constable 189 

Election — powers  of  president 193h 

Provision — proceedings  of 210i 

OIL— 

Oil  Inspection. 

Appointment  of  inspectors — term  of  office — deputies...  669 

Oath — bond — suit  on 670 

Inspector  to  test 671 

Test — casks  marked,  inspector  not  to  trade  in  oil 672 

Record  kept  and  open  to  examination 673 

Penalty  for  misconduct  in  office 674 

Penalty  for  neglect  to  give  notice  of,  or  selling  oil  not 

inspected  counterfeit  brands,  etc 675 

Fines  how  recovered  and  disposed  of 676 

ORDINANCE— 

Local  Improvements. 

Restrictions  on  passage  of 511 

Publication  of 517 

Punishment  of  Persons  Violating. 

Arrest  imprisonment  299 

Work-House  299 

Repeal  300 


INDEX  TO  LAWS. 


321 


Section 

Taxes. 

Tax  to  be  levied Ill 

Villages. 

Suits  on 191 

Jurisdiction  191 

OVERFLOWS— 

Threatened  with  Overflows  or  Inundations  to  Levy  Taxes  by 
Vote  of  Electors. 

When  tax  may  be  levied  to  strengthen  or  repair  the 
levees  around  such  city,  village  or  town — rate  of — 

ordinance  618 

When  clerk  to  extend  tax — to  be  designated  “levee  tax”  619 

When  tax  to  be  paid  to  treasurer 620 

Duty  of  treasurer 621 

This  tax  shall  still  permit  levy  of  2 per  cent... 622 

P 

PARKS— 

To  Provide  and  Maintain  Public  Parks. 

What  cities  may  acquire,  by  purchase  or  otherwise, 

lands  for  public  parks 631 

How  money  obtained  to  purchase 632 

Under  Township  Organization. 

Township  organization  continued  for  park  purposes.  . . 701 

When  parks  pass  from  control  of  park  board 702 

Power  of  city  or  village 703 

Bonds  issued  to  pay  indebtedness 704 

PATROL  WAGONS— 

Patrol  wagons  to  be  covered 441 

Unlawful  to  convey  prisoner  in  uncovered  patrol  wagon  442 
Penalty  443 

PATROLMEN— 

Pensioning  disabled  patrolmen — see 423-434 

PEDDLE— 

Who  may  without  license 651 

License  to  be  issued  free  by  clerk  upon  presentation, 

etc.,  penalty  for  violation  of  act 652 

PERSONAL  ESTATE— 

Ordinance  passed  by  city  council  to  sell  real  estate  or 

personal  estate,  etc 378 

Bids  to  be  opened — how 379 

Conveyance  to  be  made — how  and  by  whom 380 

PETITION  — 

Local  Improvements. 

Take  or  damage  property  for  local  improvements 519 

Contents  of 520 

PLATS— 

To  be  Recorded,  etc. 

Plats  of  highways,  etc.,  to  be  made  and  recorded 753 

Prosecuting  offenders 754 


322 


INDEX  TO  LAWS. 


Section 

Prosecuting  attorney  of  city  courts 755 

When  cemetery  may  be  removed  expense 756 

May  establish  and  maintain  cemeteries  acquire  lands 

for  757 

Power  of  two  or  more  cities,  villages  or  townships  to 

establish  jointly  758 

Control  by  corporate  authorities 759 

PLEASURE  DRIVEWAYS— 

See  Driveways  435-438-815-820 


PLUMBERS— 

For  the  Licensing  of  Plumbers  and  to  Supervise  and  Inspect 


Plumbing. 

Person  working  as  plumber  to  receive  certificate 498 

Board  to  examine  plumber’s  certificate 499 

Board  to  be  appointed  by  the  mayor 500 

Meeting  of  board  of  examiners — scope  of  examination 

— certificate  of  qualification — fee  for 501 

Cities,  etc.,  to  prescribe  rules  and  regulations  for  the 
material,  constructions,  alterations  and  inspection 

of  all  plumbing  and  sewerage,  etc 502 

Who  required  to  take  examination  and  procure  certifi- 
cates   503 

Penalty  for  violating  act 504 

Repeal  505 

Plumbing. 

Inspection  of  plumbing 502 

Inspector  of  plumbing 498-503 

Penalty  for  violating  plumbing  act 504 

POLES— 

Consent  necessary  to  erect 834 

Consent  necessary  to  erect  on  roads  and  streets,  etc., 

record — alteration  742 

POLICE— 

Police  Magistrates. 

Election,  etc. — jurisdiction  249 

Emergency  250 


Police  Magistrates  Elected  in  Cities  and  Villages  Lying  in  Two 


or  More  Counties. 

City  or  village  lying  in  two  counties — where  police 
magistrate  shall  hold  office — jurisdiction  in  town- 
ship   250a 

Jurisdiction  in  municipal  limits 250b 

Judgments  of  Certain  Police  Magistrates  Legalized. 

Election  and  qualification  of  certain  police  magistrates 

legalized  250c 

Emergency  250d 

Police  Districts. 

What  shall  be  a police  district ' 251 

Police  may  go  into  any  part  of  such  district  to  suppress 

riot,  etc 252 

Emergency  : 253 


INDEX  TO  LAWS. 


323 


Section 

Police  and  Firemen’s  Relief  Fund. 

How  fund  created 382* 

Per  cent  from  licenses  for  keeping  of  saloons,  etc 382a 

How  city  may  adopt  provision  of  section 382b 

Mayor,  etc.,  trustees  of  fund* 383 

Board  to  control  fund 384 

Treasurer  to  give  bond  for  fund 385 

Warrants  drawn  on  treasurer 386 

Permanent  disability — death — annuity 387 

Who  may  obtain  benefits 388 

How  money  paid  out . 389 

Repeal  390 

Police  Pension  Fund. 

How  fund  created 391 

Board  of  police  pension  fund  commissioners 392 

Who  shall  be  pensioned — service  for  twenty  years,  etc.  393 

Physical  disability — retiring  from  active  service 394 

Certificate  of  disability 395 

Death  in  performance  of  duty— pension  to  widow — 

death  in  service . . 396 

Reporting  to  chief  for  examination 397 

Pension  lost  by  crime,  misdemeanor,  etc 398 

Meetings  of  board — officers — certificate 399 

Record — list  of  pensioners — quorum 399 

Powers  of  board 400 

Report  to  board  by  treasurer 401 

Beneficiaries  under  prior  act — when  not  sufficient  money  402 

Matrons. 

Appointment  of  police  matrons.... 490 

Salaries  of  police  matrons 490a 

Police  Magistrates. 

Election  821 

Term  of  office 821 

Jurisdiction  ..<.... 821 

Special  Police. 

Constable  or  special  police 444-445 

PRODUCE— 

Who  may  sell  without  license 801 

PROHIBITING  ANIMALS— 

Prohibiting  animals  from  running  at  large  in  cities, 

towns  and  villages 768 

Penalties  769 

Animals  may  be  held  for  fines  and  damages 770 

PROHIBITORY  LICENSE— 

Certain  territory  coming  into  city  under 616-617 

Reorganization — how  prohibitory  clause  may  be  re- 
tained   616 

PUBLIC  BUILDINGS— 

May  be  rebuilt  when  destroyed  by  cyclone  by  special 

tax 627-630 


324 


INDEX  TO  LAWS. 


Section 

R 

RAILROADS— 

Municipal  Subscription. 

To  railroads  prohibited  by  constitution 656 

Speed. 

Through  cities  705 

Damages  by  trains  running  too  fast  through  cities 705 

Speed,  damages,  etc.,  through  cities 823 

Flagmen,  shelter v 824 

RATE  OF  TAXATION— 

Rate  of  taxation 284 

Levy — legalizing  of 285 

Emergency  286 

When  rebate  made 277 

When  release  made 278 

REAL  ESTATE— 

Cities  may  convey  real  estate 374 

How  real  estate  held  for  school  purposes  may  be  con- 
veyed   374 

When  real  estate  ceases  to  be  used  for  school  purposes  375 

Trustees  under  special  charter — rights  of 376 

Repeal  377 

To  Authorize  Cities  and  Villages  to  Convey  Real  or  Personal  Es- 
tate not  Necessary,  etc. 

City  council  or  board  of  trustees  may  pass  ordinance 
to  sell  real  or  personal  estate,  no  longer  necessary, 

etc  378 

What  ordinance  shall  specify — notice  of  sale — opening 

of  bids  379 

By  whom  and  how  conveyance  to  be  made 380 

Towns,  Cities  and  Villages  Incorporated  by  Special  Charter  Con- 
veying Real  Estate  for  School  Purposes. 

How  town,  city  or  village  may  convey  real  estate  for 

school  purposes  381 

RECORDS— 

Records  of  cities,  etc. — how  certified 790 

Records,  etc.,  of  private  corporations — how  certified...  791 

REGISTRATION  — 

Registration  of  electors 788 

RELIEF  FUND— 

See  police  and  firemen’s  relief  fund 382-402 

RESIGNATION  OF  OFFICERS— 

Resignation  of  elective  office 805 

Office  become  vacant — when 806 

Vacancy  determined  by  whom 807 

REVENUE— 

Certificate  of  rates 825 

Return  of  delinquent  special  assessment 826 

City  may  buy  in  at  sale 827 

How  may  be  assessed,  and  collected 828 

May  levy  tax,  annually  for  school  purposes 829 


INDEX  TO  LAWS. 


325 


Section 

ROAD— 

Location  of 700 

Consent  700 

Notice 700 

Damage  700 

RUNNING— 

Animals  at  Large. 

Prohibiting-  in  cities,  towns  or  villages 768 

Penalties  769 

Animals  held  for  fines  and  damages 770 

Railroad  Trains. 

Speed  of  trains 705 

S 

SAILORS  AND  SOLDIERS— 

Ex-Union  Sailors  and  Soldiers  may  Peddle  Goods  Without  License. 

Who  may  peddle,  etc.,  without  license 651 

Clerk  to  issue  license  free  upon  presentation,  etc. — 

penalty  for  violation  of  act 652 

SALARIES— 

Constitutional  provision  on  changing  salaries  -and  fees 

during  term  of  office 654 

SCHOOLS— 

Directors. 

School  directors 710 

School  directors,  how  appointed 711 

Organization  of  board-powers,  duties 712 

Certificate  of  tax 713 

Increasing  the  Number  of  School  Inspectors  Elected  Under 
Special  Acts. 

Increases  the  number  of  school  inspectors:,  etc 381a 

Emergency  381b 

Exclusion — Color. 

Exclusion  of  colored  people  prohibited..... 830 

Penalty  for  exclusion  on  account  of  color 830 

Prevention  of  Child  Attending. 

Preventing  child  attending 831 

Penalty  831 

Real  Estate. 

Conveyance  of  real  estate  held  for. 374 

Conveyance  of  to  be  used  for  school  purposes 381 

Taxes. 

Right  to  levy  and  assess  against  property  for 381c 

Right  to  levy  against  property  for 381d 

SEWERAGE  AND  DRAINS— 

Sewerage. 

City  may  contract  for  sewerage 323 

How  contract  made 324 


INDEX  TO  LAWS. 


Section 

To  Divide  Cities  and  Villages  Subject  to  Overflow  into  Improve- 
ment Districts. 

Improvement  districts — grade — special  assessments....  325 
Corporate  authorities — duty  of — survey — costs  of  work.  326 
Improvement  district  may  issue  bonds — style  and  man- 
ner of  proceeding 327 

Interest  and  principal  of  such  bonds — how  to  be  paid..  328 
When  railroad  company  to  pay  a portion  of  the  work.  . 329 

When  property  belongs  to  minors 330 

How  powers  granted,  exercised,  and  how  construed....  331 

Rights  of  the  holders  of  such  bonds 332 

Emergency  333 

To  Authorize  Cities,  etc.,  to  Construct  and  Repair  Drains,  etc. 

Power  to  construct  drains 334 

Drainage  improvements  by  special  assessment 335 

Proceedings  in 336 

To  Authorize  Cities  of  100,000  Population  and  Under  to  Construct 
Outlet  Sewers,  Reservoirs,  Pumping  Works,  etc. 

Cost  of  outlet  sewers  may  be  borne  by  special  assess- 
ment or  by  special  taxation 606 

Cost  of  repairing  outlet  sewers  may  be  borne  by  special 

assessment  or  by  special  taxation 607 

May  acquire  real  and  personal  property  necessary  for 

right  of  way  and  easements,  etc 608 

Ordinance  to  prescribe  whether  the  same  shall  be  made 

by  special  assessment  or  special  taxation 609 

When  city  council  may  order  petition  to  be  filed 610 

Form  of  petition 611 

Subsequent  proceeding 612 

Proceedings  ior  assessing  and  collecting  the  costs,  etc.  613 
What  it  shall  be  lawful  to  provide  by  the  ordinance 

authorizing  outlet  sewer 614 

May  issue  bonds  and  retire'the  same 615 

SIDEWALKS— 

By  taxation  291 

Provided  how 292 

Neglect  of  owner 293 

Costs  collected  of  owner 293 

Failure  to  collect 294 

Judgment  obtained — how 295 

When  constructed  by  owner 296 

SOLDIERS  AND  SAILORS— 

Ex-Union  soldiers  and  sailors  may  peddle  goods,  etc., 

without  license 651-652 

Who  may  peddle,  etc.,  without  license 651 

Clerk  to  issue  license  free  upon  presentation,  etc., 

penalty  for  violation  of  act 652 

SPECIAL  CONSTAELE  OR  SPECIAL  POLICE— 

Non-resident  not  to  be  deputy,  special  constable  or 

special  policeman,  etc 444 

Penalty  for 445 

SPEED— 

Railroads  through  cities 705-823 


INDEX  TO  LAWS.  327 

'•  1 I ' 1 Section 

STEAM  BOILER  EXPLOSIONS— 

Person  in  charge  of  steam  boilers — license,  penalty.  . . . 439 

Board  to  examine — license,  etc 440 

STREET  RAILWAYS— 

Location  of  road — consent,  notice — damages 700 

STREETS  OR  ROADS— 

Labor. 

Labor  on 289  * 

Pines  and  penalties 290 

Poles. 

Not  to  be  erected  without  necessary  consent 834 

Privileges. 

Granting  of — for  laying  pipes  or  stringing  wires 491 

Vacation  of. 

Three-fourths  vote  required,  damages 744 

Rights  of  adjoining  owners 745 

Poles. 

Consent  necessary  to  erect — record  alterative 742 

SUBSCRIPTIONS— 

Municipal  subscriptions  to  railroads  prohibited  by  con- 
stitution   656 

Municipal  subscriptions  to  private  corporations  pro- 
hibited by  constitution 656 

SUITS— 

How  brought  to  recover  fines 302 

SURPLUS  FUND  OF  TAX— 

Proportion  of 287 

Drawback,  etc 288 

SWORN  STATEMENTS— 

See  collections — sworn  statements  of  collections  to  be 

made 659-686. 

T 

TAX— 

Cyclone. 

Rebuilding  public  buildings — when  destroyed  by 627-630 

Foreign  Fire  Insurance  Companies. 

Tax  on — for  fire  departments 420 

Tax  on  net  receipts  of  foreign  fire  insurance  companies.  .110-795 

Hospitals. 

Establishment  of 862 

Improvements. 

Tax — general — when  made 116 

Special  improvements — local 507-535 

Libraries. 

Tax  for  libraries 677-692-698 


INDEX  TO  LAWS. 


328 


Section 


Overflows. 

Repair  or  strengthen  levees — when 618 

Clerk  to  extend 619 

Paid  to  treasurer — when 620 

Permitting  levy  of  2 per  cent 622 

Duties  of  treasurer 621 

Constitutional  power  to  tax 653 

Constitutional  exemption  for  certain  property  from 

taxation  657 

Tax  rate  to  be  certified  by  proper  authorities 658 

TAX  ANNUAL— 

School  purposes  829 

Water  Works. 

Power  to  levy  for  construction  and  management  of  water 

works  270h 

Power  to  levy  for  purpose  or  erection  of  water  works.  . . 270i 

Submission  to  voters — power  of 270j 

Power  of  city  council,  etc 270k 

Issue  bonds  against  taxes 2701 

Levied  for  supply  of 267 

Borrow  money  and  levy  general  tax 267b 

TAXES— 

T axes. 

How  assessed  and  collected 283 

Rate  of  Taxation. 

Rate  of  taxation 284 

Legalizing  levy ' 285 

Emergency  ’ 286 

Surplus  Fund  of  Tax. 

Proportion  of  tax 287 

Drawback,  amount,  etc 288 

Labor  on  Streets. 

Labor  on  streets 289 

Fines  and  penalties 290 

Sidewalks. 

By  taxation  291 

What  ordinance  may  provide 292 

Where  owner  neglects 293 

Costs  collected  of  owner 293 

Special  tax,  failure  to  collect 294 

Officer  to  obtain  judgment 295 

When  constructed  by  owner 296 

Rebate  and  Reduction  of  Taxes,  etc. 

Rebate  when  property  destroyed 277 

Reduce  or  release  tax  or  assessment 278 

Sewerage,  Water  and  Light  Taxes. 

Sewerage  fund  tax 280 

Sewerage  fund  and  light  tax 281 

Repeal  282 

Refunding  illegal  taxes  by  city — limitation 373 

Under  Special  Charters — Right  to  Levy  and  Assess  Taxes  for 
School  Purposes,  etc. 

Right  to  levy  and  assess  taxes  for  school  purposes 

against  property 381c 


INDEX  TO  LAWS. 


329 


Section 

Right  of  cities  referred  to  in  Sec.  1,  to  levy  taxes  for 

school  purposes,  etc 381d 

Assessment  and  collection  of  taxes 111-115 

Ordinance  levying  tax : Ill 

Manner  of  collecting 112 

Time  of  paying  over 113 

When  tax  levied  for  particular  purpose 114 

Tax  to  be  uniform 115 

When  improvements  made  by  general  tax 116 

• 

TELEGRAPH  COMPANIES— 

Telegraph  Companies. 

Consent  necessary  to  erect  poles,  etc.,  on  roads,  streets, 

etc 834 

TENEMENT  AND  LODGING  HOUSES— 

Architect  to  submit  plans  to  commissioners,  etc 303 

Duty  of  plumber 304 

Plumber  to  notify  health  commissioners 305 

Architect — penalty  for  violating  act . . 306 

Plumber — penalty 307 

Emergency 308 

TOWN— 

When  Organized  from  City  Territory. 

Territory  of  city  organized  as  town 746 

Town  in  city 747 

Election  of  township  officers 748 

Powers  exercised  by  council 749 

What  city  council  may  provide 750 

May  regulate  the  number  of  justices 751 

Vacancies  752 

TOWN  MEETINGS— 

Exceptions  as  to  cities  and  villages 743 

TOWNS— 

Organization  of  Towns  by  County  Boards. 

Territory  of  city  organized  as  a town 808 

Town  in  city.  809 

Election  of  officers 810 

Powers  exercised  by  council Sll 

What  city  council  may  provide 812 

May  regulate  the  number  of  justices 813 

Vacancies  in  town  offices 814 

TOWNSHIP— 

Organized  for  park  purposes 701 

TRAMWAYS— 

Location  of  road — consent — damages — notice 700 

TREASURER— 

Duties  of  treasurer 92 

Funds’  kept  separate : 93 

Receipts  to  be  given  by 94 

Statements — monthly 95 

Warrants  and  vouchers  filed  with  clerk  on  settlement.  . . 94-95 


330 


INDEX  TO  LAWS. 


Section 

Warrants  registered 95 

Separate  accounts  of  each  fund,  etc 93 

Funds  to  be  deposited  separate  from  his 96 

Annual  report 97 

Publication  of  report 97 

Warrants  drawn  on  treasurer — how  signed 98 

Keep  special  assessment  funds  separate 99 

TRUSTEES— 

Board  of  trustees  of  firemen’s  fund — how  created  and 

their  duties — see  insurance  companies 403-419 


V 


VACANCIES  OF  ELECTIVE  OFFICES— 

When  become  vacant 806 

Vacancy  determined  by  whom 807 

In  town  offices 814 

VACATION— 

Streets  of,  see  streets 744-745 

Alleys  of,  see  streets 744-745 

Highways,  see  streets 744-745 

VILLAGES— 

Organization  of  Villages.  Art.  11. 

By  incorporated  towns 178 

Ballot 179 

Returns — canvass — records 180 

Results — old  officers  continue  until,  etc 181 

New  organization — how  affected • 182 

Petition — election — return 183 

Result — election  of  officers,  etc 184 

Trustees  to  be  elected 185 

Term  of  their  office 185 

Corporate  name 185- 

Corporate  power  : 185 

Powers  and  duties  of  president  and  trustees 186 

Style  of  ordinances 187 

Appointment  of  officers 188 

Duties  of  officers,  prescribed  by  trustees 188 

Fees  of  officers  prescribed  by  trustees 188 

Constable,  his  powers 189 

‘ Annual  elections 190 

Special  elections 190 

Suits  on  village  ordinances 191 

Jurisdiction  on  ordinances 191 

Fines  paid  into  village  treasury 191 

Police  magistrate  192 

No  incorporation  allowed  under  former  laws 193 

Changing  from  city  to  village 193a 

The  Organization  of  Village  from  a Village. 

By  part  of  village  or  incorporated  town 193b 

Elections — how  conducted — ballot 193c 

When  subsequent  elections  may  be  held 193d 

When  such  territory  shall  become  a village 193e 

Elections  of  officers 193f 

Certain  sections  applicable — when  such  new  village  con- 
sidered incorporated 193g 


INDEX  TO  LAWS. 


331 


Section 

Election  of  President  of  Village. 

Election  of  president — powers  of 193h 

Repeal  193i 

Travel  on  Bridges  in  Cities,  Towns,  etc. 

Penalty,  for  fast  driving 194b 

Annexing  and  Excluding  Territory. 

Petition  to  be  annexed — vote  of  people — annexing 195 

Annexing  one  corporation  to  another 196 

Proceedings  by  corporation  to  annex  territory 197 

Notice  of  proceedings 198 

Objections  to  annexation — trial . 199 

Finding — costs,  etc 200 

Proceedings  by  owner  to  be  arlnexed.' 201 

Disconnecting  Territory. 

Proceedings  to  disconnect 202 

Map  and  ordinance  recorded 203 

School  districts  may  use  this  act 204 

Judicial  notice  of  change ; 205 

Disconnecting  territory  206 

Ordinance  recorded 207 

Judicial  notice 208 

What  property  act  applies 209 

Repeal  210 

Emergency  210% 

Division  of  Incorporated  Yowns. 

Manner  of  disconnecting — election — notice 210a 

When  more  than  one  petition  presented 210b 

When  division  not  to  affect  assessment 210c 

New  town — vesting  property 210d 

Manner  of  division  of  property  and  indebtedness 210e 

Division — annual  tax  levy... 210f 

Proceedings  commenced  before  division  for  improving 

street — how  carried  on 210g 

Provisions  as  to  sewers,  water  works,  gas  or  electric  light 

system  210h 

Provision  as  to  officers — justices  of  the  peace — proceed- 
ings   210i 

School  districts  21  Oj 

Annexation  of  Cities,  Incorporated  Towns  and  Villages. 

Petition  to  be  annexed — how  question  submitted — re- 
turns   211 

When  inhabitants  of  territory  desire  to  be  annexed — pro- 
ceedings   * 212 

When  petitions  are  presented  to  annex  the  whole  and 

also  a part  of  a city,  etc 213 

Proceedings  on  annexation — payment  of  debts — division 

of  property,  etc 214 

When  whole  of  city,  etc.,  annexed — annual  appropriation 

ordinance — tax  levy 215 

Annexation  not  to  interfere  wth  tax  levy,  etc 216 

Annexation — suits,  how  defended  and  prosecuted 217 

When  part  of  city,  etc.,  annexed — payment  of  indebted- 
ness— division  of  public  property 218 

When  tax  levy  made  before  annexation 219 

When  proceedings  instituted  before  annexation  to  im- 
prove streets,  etc 220 


332 


INDEX  TO  LAWS. 


Section 

When  proceedings  instituted  to  take  land  for  opening 

street  or  alley  before  annexation 221 

Annexation — use  of  water  works,  gas  or  electric  light 

system  222 

Annexation — proceedings  for  division  of  property 223 

Transfer  of  books,  documents  and  papers 224 

Upon  annexation  provision  as  to  continuance  of  officers.  225 
Provision  as  to  justices  of  the  peace  and  their  jurisdic- 
tion on  annexation 226 

Transfer  of  firemen  and  policemen 227 

Annexation — license  to  keep  dram  shop — submission 

of  question  228 

What  constitutes  a ward — election  of  aldermen 229 

Sewers  may  be  built  by  special  assessments 230 

Jurisdiction  of  county  board  to  annex  part  of  city  to 

town,  etc 231 

Repeal 232 

Emergency  233 

Changing  Name. 

Petition  234 

Proceedings ✓ 235 

Duty  of  secretary  of  state 236 

Time  of  hearing  to  be  fixed 237 

Notice  of  time  of  hearing  petition 237 

Hearing  petition  and  remonstrances 238 

Order  filed  with  secretary  of  state — notice 239 

Rights  saved 240 

When  change  void 241 

Name  of  unincorporated  town,  etc 242 

W 

WAGES— 

Weekly  Payment  of  Wages  by  Corporation. 

Corporations  named  herein  shall  pay  their  employees 

weekly  858 

Corporation  violating  act — penalty 859 

Recovery  of  penalties 860 

WARD— 

What  constitutes  229 

WARRANTS— 

Interest  on  Warrants  of  Municipal  Corporations. 

Interest  on  warrants  of  municipal  corporations 489 

When  warrants  may  be  drawn. 796 

Anticipatory  warrants  797 

Interest  on  warrants  798 

Publication  to  stop  interest..^ 798 

When  warrants  may  be  drawn 796 

Not  sufficient  money — issue  of  warrants 797 

Warrants  draw  interest,  rate,  publication  to  stop  in- 
terest   798 

An  act  entitled  “An  act  to  provide  for  the  payment  of 
interest  on  warrants  of  municipal  corporations,”  ap- 
proved June  15,  1895,  in  force  July  1,  1895,  is  hereby 

repealed  799 

Signed  how  98 

State  funds  drawn  upon 98 


INDEX  TO  LAWS. 


333 


Section 

Register — of  warrants  paid 95 

Filed  with  clerk  on  settlement 95 

WATER— 

Miscellaneous  Provisions — Water.  Art.  10. 

Water,  city  or  village  may  supply 169 

May  borrow  money  for 169 

Water  works,  may  acquire  property  for 170 

Jurisdiction  to  protect  water  works,  etc 170 

Regulations 171 

Water  rates,  tax,  assessment 171 

Tax  payer  may  enforce  rights  in  name  of  city,  etc 172 

Maps — -approval  of 173 

Inhabitants  competent  as  jurors,  etc 174 

Population — census 175 

Municipal  year 176 

City  or  village  need  not  give  appeal  bond 177 

WATER  WORKS— 

Power  to  supply  water 254 

Letting  contracts  254 

Borrow  money — tax 255 

May  acquire  property  for  works,  etc 256 

Rules  and  regulations 257 

Special  assessment 258 

Separate  fund  259 

Receipts  for  water  a separate  fund 259 

When  act  does  not  apply 260 

Emergency  261 

Water  supply  for  cities,  villages,  etc 266-270 

Power  to  contract  for  water 266 

May  levy  tax  to  pay  for  supply 267 

May  lease  or  purchase  water  works 267a 

May  borrow  money  and  levy  general  tax 267b 

Water  Company  May  Locate  Source  of  Supply  Beyond  (Cor- 
porate Limits. 

May  enter  on  land  and  construct  lines 267c 

Proceed  under  right  of  eminent  domain 267d 

Punishment  of  person  interfering 267e 

May  fix  rates  for  water  supply , 267f 

Cities — powers  and  privileges 268 

Board  may  raise  money 269 

May  construct  wells,  or  may  lease  water  privileges 269 

Emergency 270 

Water  Works. 

May  acquire  water  works — payment  for  such  building 

or  purchase  270a 

Ordinance — publication  of — petition — submission  to  vote.  270b 

Water  fund — certificates — payment  of 270c 

May  mortgage  water  works  system 270d 

Foreclosure  of  certificates 270e 

Rights  of  purchaser  at  foreclosure  sale 270f 

How  act  construed  270g 

To  Buy  or  Construct  Water  Works,  and  to  Provide  for  the  Man- 
agement Thereof,  etc. 

Power  to  levy  a direct  annual  tax  of  not  more  than  1 

per  cent 270h 


334 


INDEX  TO  LAWS. 


Section 

Contract  for  purchase  or  erection  of  water  works — direct 

annual  tax 270i 

Such  contract  and  tax  after  action  by  the  council  to  be 

submitted  to  voters — manner  of  submission 270 j 

Power  of  city  council  and  board  of  trustee  under  this 

act 270k 

Power  to  issue  bonds  against  taxes  levied 2701 

Bonds — when  to  mature — interest 270m 

Form  of  bonds 270n 

Fixing  water  rentals  or  rates 270o 

Water  district  created  by  two  or  more  villages,  etc. — 

how  governed 270p 

This  act  confers  additional  powers  on  city  councils,  etc.  . 270q 

WATER— 

Sewerage  and  water  taxes 280-281 

WIDOWS— 

Widows  of  disabled  patrolmen,  see .423-434 


GENERAL  ORDINANCES 


OF  the; 

CITY  OF  SPRINGFIELD. 


An  Ordinance  relative  to  the  revision  and  recompilation  of  the  City  Code. 

Whereas,  The  City  Council  of  the  City  of  Springfield  having  passed  an  order 
for  the  revision  and  re-compilation  of  the  City  Code,  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield  as  follows, 
to -wit 


v 


CHAPTER  I. 


Article  I. 

THE  MAYOR  AND  HIS  DUTIES. 

Sec.  1.  Mayor — bond.]  The  mayor  of  the  city  of  Spring- 
field,  before  entering  npon  the  duties  of  his  office,  shall  execute 
a bond  to  said  city  in  the  penal  sum  of  five  thousand  dollars, 
with  such  sureties  as  the  city  council  shall  approve,  conditioned 
for  the  faithful  performance  of  the  duties  of  the  office. 

2.  Office — location  of.]  The  mayor  shall  keep  his  office 
at  the  city  hall,  or  at  such  other  place  in  said  city  as  may  be 
provided  by  the  city  council,  and  he  shall  attend  there  for  the 
transaction  of  the  business  pertaining  to  said  office. 

3;  Shall  sign  commissions.]  The  mayor  shall  sign  all 
commissions,  licenses  and  permits  granted  by  authority  of  the 
city  council,  except  as  otherwise  provided,  and  such  other  acts 
and  deeds  as  by  law  or  ordinance  may  require  his  official  signa- 
ture. 

4.  Grant  licenses.]  The  mayor  shall  grant  licenses  for 
the  purposes  authorized  by  this  ordinance,  to  such  residents  of 
the  city  or  other  persons,  duly  qualified  according  to  ordinance, 
as  he  may  deem  proper,  unless  the  city  council  shall  otherwise 
designate  and  provide,  and  he  may  revoke  the  same  for  cause. 

5.  Supervise  conduct  of  officers,  etc.]  The  mayor 
shall  supervise  the  conduct  of  all  officers  of  the  corporation, 
inquire  into  all  reasonable  complaints  made  against  them  or 
any  of  them,  and  cause  all  their  neglects  or  violations  of  official 
duty  to  be  promptly  corrected,  or  reported  to  the  proper  tribunal 
for  punishment. 

6.  Appoint  appointive  officers — fill  vacancies.]  The  mayor 
shall  appoint,  by  and  with  the  advice  and  consent  of  the  city 
council,  all  officers  of  said  city  whose  appointment  is  not  other- 
wise provided  for  by  law;  and  whenever  a vacancy  shall  occur 


338 


GENERAL  ORDINANCES  OF  CITY. 


in  any  office,  which  by  law  or  ordinance  he  is  empowered  and 
required  to  fill,  he  shall,  within  thirty  days  after  the  happening 
of  such  vacancy,  communicate  to  the  city  council  the  name  of 
his  appointee  to  such  office,  and  pending  the  concurrence  of 
the  council  in  such  appointment,  he  may  designate  some  suitable 
person  to  discharge  the  functions  of  such  office. 

7.  Other  duties  shall  perform.]  In  addition  to  the  above 

and  foregoing,  and  to  the  duties  imposed  upon  him  by  law,  the 
mayor  shall  perform  all  such  other  duties,  pertaining  to  his 
office,  as  are  or  may  be  required  of  him  by  the  ordinances  of 
said  city. 


THE  CITY  COUNCIL. 


339 


CHAPTER  II. 

LEGISLATIVE  DEPARTMENT. 

Article  I.  The  City  Council. 

II.  The  City  Clerk. 

Article  I. 

THE  CITY  COUNCIL. 

Sec.  8.  Stated  or  adjourned  meetings.]  The  regular 
stated  meetings  of  the  city  council  of  the  city  of  Springfield, 
shall  be  held  in  the  council  chamber,  at  the  city  hall,  on  each 
and  every  Monday  in  each  and  every  month,  at  eight  o’clock  P. 
M.,  except  when  such  days  may  happen  to  be  legal  holidays, 
in  which  case  the  council  shall  meet  on  the  next  day  following, 
at  the  same  hour.  Adjourned  meetings  may  be  held  for  the 
purpose  of  completing  unfinished  business  of  regular  meetings 
at  such  time  or  times  as  may  be  determined  by  the  council.  [As 
amended  September  23,  1901. 

9.  Meetings  of  standing  committees.]  The  meetings  of  all 
the  standing  committees  shall  be  held  the  Friday  evenings  pre- 
ceding the  regular  meetings  of  the  city  council  at  the  same  hour 
as  the  council  meetings  are  held;  said  meetings  to  be  held  in 
the  committee  rooms  of  the  city  hall.  [Passed  Oct.  16,  1899. 

10.  Special  meetings — by  whom  called.]  Special  meetings 
of  the  city  council  may  be  called  by  the  mayor  or  any  three  aider- 
men,  by  notification  in  writing  to  each  member  of  the  council, 
served  personally  or  left  at  his  usual  place  of  abode,  stating 
the  object  and  purpose  of  such  meeting;  but  no  business  shall 
he  transacted  at  any  special  meeting,  except  such  as  the  meeting 
was  called  for  and  notification  given  thereof,  unless  by  a vote 
of  three-fourths  of  all  the  aldermen  elected. 

11.  Quorum — attendance  compelled.]  A majority  of  the 
aldermen  elected  to  the  city  council  shall  constitute  a quorum 
for  the  transaction  of  business;  but  a smaller  number  may  ad- 


GENERAL  ORDINANCES  OF  CITY. 


340 

journ  from  time  to  time,  and  may  compel  the  attendance  of 
absentees  under  such  penalties  as  may  be  prescribed  by  ordin- 
ance. 

12.  No  vote  reconsidered  unless,  etc.]  No  vote  of  the  city 

council  shall  be  reconsidered  or  rescinded  at  any  special  meet- 
ing thereof,  unless  at  such  special  meeting  there  shall  be  present 
as  many  aldermen  as  were  present  when  such  vote  was  taken. 

13.  Standing  committees — how  appointed.]  The  standing 
committees  of  the  city  council  shall  be  annually  appointed  by 
the  mayor,  and  he  shall  be  authorized  to  fill  vacancies  occurring 
in  anv  of  said  committees. 

14.  Committee  report — when  deferred.]  Any  report  of  a 
committee  of  the  city  council  shall  be  deferred,  for  final  action 
thereon,  to  the  next  regular  meeting  of  the  same  after  the  report 
is  made,  upon  the  request  of  any  two  aldermen  present. 

15.  Committee  reporting  to  attach  papers,  etc.]  Every 

committee  of  the  city  council,  in  reporting  upon  any  subject 
referred  to  them,  shall  attach  to  their  report  all  papers  or  docu- 
ments, in  the  possession  of  the  committee,  relative  to  the  matter 
so  referred. 


Article  II. 

THE  CITY  CLERK. 

16.  City  clerk — bond.]  The  city  clerk,  before  he  enters 
upon  the  duties  of  his  office,  shall  execute  a bond  to  the  city 
of  Springfield  in  the  penal  sum  of  ten  thousand  dollars,  with 
such  sureties  as  shall  be  approved  by  the  city  council,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  the  office, 
and  the  payment  of  all  moneys  that  may  be  received  by  him, 
according  to  law  and  the  ordinances  of  said  city;  which  bond 
shall  be  filed  with  the  city  treasurer. 

17.  Office — hours.]  He  shall  keep  his  office  at  the  city  hall, 
or  at  such  other  place  as  the  city  council  may  direct,  and  his 
office  hours  shall  be  from  eight  o’clock  A.  M.,  to  twelve  M.,  and 
from  one  o’clock  P.  M.,  until  five  o’clock  P.  M.,  of  each  working 
day. 


THE  CITY  CLERK. 


341 


18.  Attend  meetings — keep  journal — issue  notices,  etc.] 

The  city  clerk  shall  attend  all  meetings  of  the  city  council,  and 
shall  keep  in  a suitable  book,  to  be  styled  the  “ Journal  of  the 
City  Council,”  a full  and  faithful  record  of  its  proceedings. 
He  shall  issue  and  cause  to  be  served  upon  the  aldermen,  notices 
of  all  special  meetings  of  the  city  council;  also  notices  to  the 
members  of  the  different  committees  of  that  body,  and  to  all 
other  persons  whose  attendance  may  be  required  before  any  such 
committee,  when  so  directed  by  the  chairman  thereof. 

19.  Deliver  papers,  etc.,  to  committee  and  other  papers  to 

proper  officers.]  Said  clerk  shall,  without  delay,  upon  the  ad- 
journment of  each  meeting  of  the  city  council,  deliver  to  the 
several  committees  of  that  body,  and  to  the  officers  of  the  cor- 
poration, all  petitions,  communications,  reports,  resolutions, 
orders,  claims  and  other  papers,  referred  to  those  committees  or 
officers  by  the  council.  He  shall  also,  without  delay,  deliver 
to  the  mayor  all  ordinances  or  resolutions,  in  his  charge,  which 
may  require  to  be  approved  or  otherwise  acted  upon  by  the 
mayor.  v 

20.  Shall  prepare  license,  commission,  etc., — deeds — attest 
same  with  seal.]  Said  clerk  shall  prepare  all  commissions, 
licenses,  permits,  and  other  official  documents  required  to  be 
issued  by  him,  under  the  laws  and  ordinances  of  the  city,  and 
shall  attest  the  same  with  the  corporate  seal;  and  he  shall,  in 
like  manner,  attest  all  deeds  for  the  sale  of  real  estate  owned 
and  conveyed  by  said  city. 

21.  Report  to  city  comptroller  monthly.]  It  shall  be  the 
duty  of  the  clerk,  on  the  first  day  of  each  and  every  month,  to 
report  to  the  city  comptroller,  in  writing,  the  name  of  each 
alderman,  and  the  number  of  meetings  of  the  city  council  at- 
tended by  such  alderman  during  the  preceding  month. 

22.  Ex-officio  clerk  of  Capital  township.]  The  city  clerk 
shall  be  ex-officio  clerk  of  Capital  township,  and  shall  keep  a 
separate  record  of  all  the  proceedings  of  the  city  council  in  rela- 
tion to  said  township — the  same  lying  and  being  within  the 
corporate  limits  of  the  city  of  Springfield. 

23.  May  appoint  deputies.]  He  may,  when  necessary,  and 
upon  being  authorized  by  the  city  council,  appoint  a deputy, 


342 


GEN  Kit  AL  ORDINANCES  OF  CITY. 


who,  during  the  temporary  absence  or  disability  of  the  clerk, 
shall  be  empowered  to  perform  all  the  duties  of  the  city  clerk. 

24.  Keep  in  office  all  books,  records,  etc.,  deliver  to  succes- 
sor.] He  shall  carefully  preserve  in  his  office  all  books,  records, 
papers,  maps  and  effects  of  every  description,  belonging  to  the 
city  and  appertaining  to  said  office;  and  upon  the  expiration  in 
any  way  of  his  official  term,  he  shall,  on  demand,  deliver  all 
such  books,  records,  papers  and  effects  to  his  successor  in  office. 

25.  Other  duties.]  In  addition  to  the  foregoing  duties,  the 
city  clerk  shall  perform  all  such  other  and  further  duties,  per- 
taining to  his  office,  as  are  or  may  be  imposed  upon  him  by  law 
or  ordinance. 


THE  CITY  COMPTROLLER. 


343 


CHAPTER  III. 

DEPARTMENT  OF  FINANCE. 

Article  I.  Finance— Fiscal  year. 

II.  The  City  Comptroller. 

III.  The  City  Treasurer. 

IV.  The  Finance  Committee. 

xArticle  I. 

FINANCE FISCAL  YEAR. 

Sec.  26.  Finance  department.]  There  is  hereby  estab- 
lished an  executive  department  of  the  municipal  government 
of  the  city  of  Springfield,  which  shall  be  known  as  the  “Depart- 
ment of  Finance,”  and  which  shall  have  control  of  the  fiscal 
concerns  of  said  city  in  the  manner  as  hereinafter  provided. 

27.  Who  embraced  in.]  Said  department  of  finance  shall 
embrace  the  city  comptroller,  the  city  treasurer  and  the  finance 
committee  of  the  city  council.  The  comptroller  shall  he  the 
head  of  said  department,  and  shall  have  the  management  of 
all  matters  and  things  pertaining  thereto. 

28.  Fiscal  year.]  The  fiscal  year  of  the  city  of  Springfield 
shall  commence  on  the  first  day  of  March  in  each  and  every 
year,  beginning  March  1,  1884. 

Article  II. 

THE  CITY  COMPTROLLER. 

29.  Comptroller,  term  of  office.]  There  is  hereby  created 
the  office  of  city  comptroller  of  said  city.  He  shall  hold  his 
office  for  the  term  of  one  year,  and  until  his  successor  shall  be 
appointed  and  qualified. 

30.  How  and  when  appointed.]  The  city  comptroller  shall 
be  appointed  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  city  council,  on  the  first  Monday  in  May,  1884,  or  as 
soon  thereafter  as  may  be,  and  annually  thereafter. 


344 


GENERAL  ORDJ NANCES  OF  CITY. 


31.  Oath — bond.]  lie  shall,  before  entering  upon  the  duties 
of  his  office,  take  the  oath  or  affirmation  prescribed  by  law  for 
city  officers,  and  shall  execute  a bond  to  the  city  of  Springfield 
in  the  penal  sum  of  twenty-five  thousand  dollars,  with  such 
sureties  as  the  city  council  shall  approve,  conditioned  for  the 
faithful  performance  of  the  duties  of  the  office,  and  the  pay- 
ment of  all  moneys  that  may  be  received  by  him  as  such  comp- 
troller, according  to  law  and  the  ordinances  of  said  city. 

32.  Powers  and  duties.]  The  city  comptroller  shall  have 
and  exercise  a general  supervision  over  all  officers  of  the  city 
charged  in  any  manner  with  the  receipt,  collection  or  disburse- 
ment of  the  corporation  revenues,  and  the  collection  and  return 
of  such  revenues  into  the  city  treasury.  He  shall  be  the  fiscal 
and  purchasing  agent  of  said  city,  and  as  such  shall  have  the 
charge  and  custody  of  all  deeds,  bonds,  contracts,  mortgages, 
notes,  warrants,  vouchers,  books  and  papers,  belonging  to  the 
city,  except  such  as  by  law  or  ordinance  are  directed  to  be 
deposited  or  kept  elsewhere;  and  he  shall  possess  and  preserve 
all  special  assessment  warrants,  except  warrants  for  the  collec- 
tion of  water  rents,  and  the  returns  thereon  made  by  any  collec- 
tor or  receiver  of  special  taxes  or  special  assessments. 

33.  Finances,  revenues  and  property — supervision  of.] 
Said  comptroller  shall  have  supervision  over  the  city  debts,  con- 
tracts, bonds,  obligations,  loans  and  liabilities,  the  payment  of 
interest,  and  over  all  the  property  of  said  city,  and  the  sale  or 
disposition  thereof;  over  all  legal  or  other  proceedings  in  which 
the  interests  of  the  city  are  involved,  and  shall  have  authority, 
with  the  approval  or  concurrence  of  the  mayor,  to  institute 
or  discontinue  such  proceedings,  and  to  employ  additional  coun- 
sel, in  special  cases,  when  he  thinks  the  interests  of  the  city  re- 
quire it;  and  generally,  in  subordination  to  the  mayor  and  city 
council,  to  exercise  supervision  over  all  such  interests  of  said 
city  as  may  concern  or  relate  to  its  finances,  revenues  or  property. 

34.  Books  to  be  kept  subject  to  examination.]  Said  comp- 
troller shall,  under  the  direction  of  the  finance  committee,  open 
and  keep,  in  a neat  and  methodical  manner,  a complete  set  of 
books,  in  which,  among  other  things,  shall  be  set  forth  the  ap- 
propriations of  the  fiscal  year  for  each  distinct  object  and  branch 
of  expenditure,  and  also  the  receipts  from  each  and  every  source 


THE  CITY  COMPTROLLER. 


345 


of  revenue,  so  far  as  he  can  ascertain  the  same.  Said  books, 
and  all  contracts,  bonds,  deeds,  warrants,  vouchers,  receipts,  and 
other  papers  kept  in  said  office,  shall  be  subject  to  the  examina- 
tion of  the  mayor,  the  members  of  the  city  council,  or  any  com- 
mittee thereof. 

35.  Revise  and  audit  accounts.]  Said  comptroller  shall 
revise  and  audit  all  accounts  or  claims  allowed  by  the  city  coun- 
cil, and  all  other  accounts  in  which  the  corporation  is  concerned, 
either  as  debtor  or  creditor,  where  provision  for  their  adjust- 
ment is  not  otherwise  made  and  provided  for  by  law  or  ordi- 
nance; and  upon  ascertaining  the  amount  due  to  any  person  or 
persons,  he  shall  draw  his  warrant  in  due  form  upon  the  city 
treasurer  therefor.  But  if,  upon  the  examination  of  any  such 
account  or  claim,  he  shall  have  reason  to  doubt  its  correctness, 
it  shall  be  his  duty  to  submit  the  same  to  the  finance  committee 
for  its  decision  thereon,  or  else  make  report  thereof  to  the  city 
council. 

36.  Warrants — books  to  he  kept.]  He  shall  keep,  in  a suita- 
ble book,  an  accurate  list  of  all  warrants  drawn  upon  the  city 
treasurer,  showing  the  date,  number  and  amount  of  each,  and 
the  name  of  the  person  in  whose  favor  drawn ; and  he  shall  take 
the  receipt  of  every  person  for  the  warrant  upon  the  delivery 
thereof.  All  warrants  drawn  upon  the  treasurer  shall  be  signed 
by  the  mayor  and  countersigned  by  the  comptroller,  and  shall 
specify  therein  the  particular  fund  or  appropriation  to  which 
the  same  is  chargeable,  and  the  person  to  whom  payable;  and 
no  money  shall  be  otherwise  paid  than  upon  such  warrants  so 
drawn. 

37.  Adjustment  and  settlements — claimant  to  make  oath.] 

That  no  warrant  shall  be  drawn  on  the  treasurer  of  the  city 
in  favor  of  any  person  for  any  goods  furnished  or  work  done  for 
the  city,  unless  the  claimant  shall  subscribe  and  make  oath, 
either  before  its  presentation  before  the  council;  and,  in  other 
cases,  before  the  comptroller  drafts  the  warrant,  that  the  claim 
is  just,  due,  and  unpaid,  that  all  just  credits,  deductions  and 
set  offs  have  been  allowed,  and  that  no  alderman  or  other  city 
officer  has,  either  personally,  or,  as  a member  of  any  firm,  or 
stock  holder  of  any  corporation,  any  interest  in  the  claim  or 
contract  for  which  the  claim  is  made,  either  directly  or  in- 


—13 


GENERAL  ORDINANCES  OF  CITY. 


34() 

directly:  Provided,  this  section  shall  not  apply  to  the  pay 

roll  of  the  superintendent  of  streets,  or  to  warrants  drawn  for 
the  stated  salary  of  city  officers.  [Passed  Aug.  1,  1887. 

38.  Monthly  report  of  officers  required — may  proceed  against 

delinquents.]  The  city  comptroller  shall  require  all  officers 
charged  in  any  manner  with  the  receipt,  collection  or  disburse- 
ment of  the  city  revenues,  to  submit  monthly  reports,  in  writing, 
showing  in  detail  all  such  receipts,  collections  and  disbursements, 
and  to  file  the  same  in  his  office;  and  if  any  such  officer  shall 
neglect  to  make  such  report,  or  to  adjust  his  accounts,  whenever 
so  required  by  the  comptroller,  and  to  pay  over  to  the  proper 
officer  any  moneys  in  his  possession  belonging  to  the  city,  it 
shall  be  the  duty  of  said  comptroller  to  cause  a written  notice 
to  be  served  upon  such  officer  and  his  sureties,  demanding  a 
settlement  of  his  accounts  with  the  city  forthwith;  and  in  case 
of  the  neglect  or  refusal  of  such  officer  to  make  such  settlement 
and  pay  over  said  moneys  for  a period  of  ten  days  after  the 
service  of  said  notice,  the  comptroller  shall  report  such  officer 
to  the  mayor,  for  his  action  in  the  matter;  and  proceedings  shall 
be  at  once  instituted  against  such  delinquent  officer  and  his 
sureties  for  the  recovery  of  any  moneys  due  said  city. 

39.  Accounts — how  kept.]  Said  comptroller  shall  keep  a 
detailed  account  of  the  city  revenue,  and  of  each  separate  fund, 
crediting  the  same  with  all  receipts  or  appropriations,  and  charg- 
ing it  with  all  warrants  drawn  thereon,  and  he  shall  charge 
each  warrant  to  the  fund  or  appropriation  against  which  it  is 
drawn.  He  shall  also  keep  an  accurate  account  of  all  debts 
due  from  or  owing  to  the  city,  and  shall  keep  a book  in  which 
he  shall  enter  a correct  list  of  all  bonds,  notes  or  other  obliga- 
tions given  by  or  payable  to  said  city,  with  the  date  thereof,  the 
person  to  whom  or  by  whom  payable,  the  rate  of  interest,  the 
time  and  manner  in  which  the  principal  and  interest  are  paya- 
ble, and  such  other  particulars  as  may  be  necessary  to  the  full 
understanding  thereof. 

40.  When  fund  exhausted,  etc.]  Whenever  any  fund  or 

appropriation  is  exhausted,  the  comptroller  shall,  without  delay, 
notify  the  city  council  thereof,  and  he  shall  not  thereafter  draw 
any  warrant  against  such  fund  or  appropriation  until  the  same 
shall  be  renewed. 


THE  CITY  COMPTROLLER.  347 

41.  Transfer  of  balances  to  general  funds.]  It  shall  be 

the  duty  of  said  comptroller  to  transfer  and  place  to  the  credit 
of  the  general  fund  all  unexpended  balances  of  appropriations 
of  the  former  year,  remaining  at  the  time  that  the  annual  appro- 
priation bill  of  each  year  goes  into  effect:  Provided , that  no 

such  transfer  shall  be  made  or  disposition  ordered  of  any  trust 
fund,  or  any  fund  arising  from  special  assessment  or  special 
taxation,  nor  in  cases  where  contracts  have  been  made  or  liabili- 
ties incurred  on  account  of  any  such  appropriation  and  remain 
uncompleted  or  unpaid  at  the  time  the  appropriation  bill  goes 
into  effect,  nor  of  any  fund  created  for  any  purpose  or  the 
payment  of  any  liability  exclusively  provided  for  by  taxation. 
[As  amended  February  24,  1888. 

42.  Bond  register — how  kept.]  Said  comptroller  shall  keep 
in  his  office,  in  a book  provided  expressly  for  that  purpose,  to 
be  known  as  the  “Bond  Register,”  a full  and  correct  list  of  all 
the  outstanding  bonds  of  said  city,  showing  the  number,  amount, 
date  of  issue,  time  of  maturity,  rate  of  interest,  and  place  of 
payment  of  each  bond,  and  for  what  and  to  whom  the  same 
was  issued;  and  when  any  city  bonds  are  surrendered,  canceled 
or  paid,  said  register  shall  show  the  fact;  and,  in  his  annual 
report  to  the  city  council,  the  comptroller  shall  describe#  par- 
ticularly the  bonds  sold,  exchanged  or  redeemed  during  the 
fiscal  year,  and  give  an  itemized  statement  of  the  expenses 
thereof. 

43.  Public  improvements — contracts  let — list  kept.]  Said 
comptroller  shall  keep,  in  his  office,  a correct  list  of  all  local 
or  public  improvements  ordered  by  the  city  council,  and  let 
under  contract  by  the  city;  and  all  contracts  and  specifications 
therefor  made  by  authority  of  the  city  council,  or  by  any  officer 
of  the  corporation  pursuant  thereto,  in  relation  to  such  improve- 
ments, shall  be  filed  in  the  comptroller's  office ; and  no  such  con- 
tract shall  be  valid  unless  countersigned  by  said  comptroller. 

44.  Sale  for  special  assessment — shall  attend.]  The  city 
comptroller  shall  be  authorized,  and  it  is  hereby  made  his  duty, 
to  attend  all  sales  of  real  estate  in  said  city,  made  under  pro-, 
ceedings  in  the  county  court  of  Sangamon  county,  to  enforce 
the  collection  of  any  special  tax  or  special  assessment,  levied 


GENERAL  ORDINANCES  OF  CITY. 


348 

and  assessed  by  ordinance  of  the  city  council,  for  any  public 
improvement,  and  to  bid  at  such  sales  on  behalf  of  the  city. 

45.  Licenses  to  be  countersigned.]  All  licenses,  when 
issued,  shall  be  presented  to  the  comptroller,  who  shall  counter- 
sign the  same,  and  shall  enter,  without  fee,  in  a book  to  be 
kept  by  him  for  that  purpose,  the  name  of  each  person  licensed, 
for  what  purpose  licensed,  the  date  and  number  of  the  license, 
the  amount  paid  for  the  same,  and  the  time  of  the  expiration 
thereof. 

46.  Monthly  report  to  council.]  The  city  comptroller  shall, 
on  or  before  the  first  Monday  in  each  and  every  month,  make 
out  and  submit  to  the  city  council  a statement  or  report,  in 
writing,  of  all  the  moneys  received  and  warrants  drawn  by  him 
during  the  preceding  month,  showing  therein  from  what  sources 
and  on  what  account  said  moneys  were  received,  and  for  what 
purpose  and  on  what  account  said  warrants  were  drawn  or 
paid. 

47.  Annual  report — when  and  how  made — what  shall  con- 
tain.] Said  comptroller  shall,  within  twenty  days  after  the 
first  day  of  March,  in  each  year,  make  out  an  annual  report,  for 
publication,  giving  a detailed  statement  of  all  the  receipts  and 
revenues  of  said  city  during  the  preceding  fiscal  year.  Said 
report  shall  also  detail  the  resources  and  liabilities  of  the  city, 
the  condition  of  all  unexpended  appropriations  and  contracts 
unfulfilled,  the  balance  of  money  then  remaining  in  the  treasury, 
with  all  sums  due  and  outstanding;  the  names  of  all  persons 
who  may  have  become  defaulters  to  the  city,  and  the  amount 
of  such  default,  and  all  other  matters  necessary  to  exhibit  the 
true  financial  condition  of  the  city ; which  report,  when  examined 
and  approved  by  the  finance  committee,  shall  be  published  by 
the  comptroller,  without  delay. 

48.  Estimate  expenses  of  city  for  fiscal  year — classify  same.] 

In  addition  to  his  other  duties,  the  said  comptroller  shall,  on 
or  before  the  fifteenth  day  -of  May,  in  each  year,  and  before 
the  annual  appropriations  are  made  by  the  city  council,  submit 
to  said  council  a statement  of  his  estimates,  as  nearly  as  may 
be,  of  the  moneys  necessary  to  defray  the  expenses  of  the  cor- 
poration during  the  current  fiscal  year.  He  shall,  in  said  re- 


THE  CITY  TREASURER. 


349 


port,  classify  the  different  objects  and  branches  of  expenditure, 
giving  the  amount  required  for  each,  as  nearly  as  may  be;  and 
for  the  purpose  of  making  such  report,  he  is  authorized  to  re- 
• quire  of  all  city  officers  statements  of  the  condition  and  expenses 
of  their  respective  offices  or  departments,  with  any  proposed 
improvements,  and  the  probable  expenses  thereof,  and  of  all 
contracts  made  and  uncompleted,  and  the  amount  of  any  and 
all  unexpended  appropriations  of  the  preceding  fiscal  year.  He 
shall  also  in  such  report,  show  the  aggregate  income  of  the 
preceding  fiscal  year  from  all  sources,  the  amount  of  liabilities 
outstanding  upon  which  interest  is  to  be  paid,  the  bonds  and 
debts  payable  during  the  year,  when  due  and  when  payable ; and 
he  shall  give  therein  such  other  information  to  the  city  council 
as  he  may  deem  necessary,  to  the  end  that  said  council  may 
fully  understand  the  money  exigencies  and  demands  upon  the 
city  for  the  current  year. 

49.  Deliver  papers  to  successor.]  Upon  the  expiration  of 
his  term  of  office,  or  his  resignation  thereof  or  removal  there- 
from, the  city  comptroller  shall,  on  demand,  deliver  to  his  suc- 
cessor in  office  all  property,  books,  records,  papers,  and  effects 
of  every  description,  in  his  possession,  belonging  to  the  city,  or 
appertaining  to  his  said  office. 

Article  III. 

THE  CITY  TREASURER. 

50.  Bond  of.]  The  city  treasurer,  before  he  enters  upon 
the  duties  of  his  office,  shall  execute  a bond  to  the  city  of  Spring- 
field  in  a penal  sum  not  less  than  the  amount  of  the  estimated 
city  tax  and  special  assessments  for  the  current  year,  with  at 
least  two  good  and  sufficient  sureties,  to  be  approved  by  the 
city  council,  conditioned  for  the  faithful  performance  of  the 
duties  of  the  office,  and  the  payment  of  all  moneys  received  by 
him,  according  to  law  and  the  ordinances  of  said  city. 

51.  Moneys  and  accounts — how  kept.]  Said  treasurer 
shall  receive  all  moneys  belonging  to  the  corporation,  and  shall 
keep  a separate  account  of  each  fund  or  appropriation,  and  the 
debits  and  credits  belonging  thereto.  He  shall  give  to  every 
person  paying  money  into  the  city  treasury  a receipt  therefor, 


GENERAL  ORDINANCES  OF  CITY. 


350 

specifying  the  date  of  payment,  and  upon  what  account  paid; 
and  he  shall  file  copies  of  such  receipts  with  the  city  comptroller, 
at  the  date  of  his  monthly  reports. 

52.  Register  of  warrants — how  kept.]  He  shall  keep  an  * 

accurate  register  of  all  warrants  redeemed  and  paid  by  him, 
showing  the  number,  date  and  amount  of  each,  the  fund  from 
which  paid,  and  the  name  of  the  person  to  whom  and  when 
paid;  and  he  shall  cancel  all  warrants  as  soon  as  redeemed  by 
him. 

53.  Warrants  lost  or  destroyed.]  When  any  city  warrant 
shall  be  lost  or  destroyed,  so  that  it  can  not  be  presented  to  the 
treasurer  for  payment  by  the  person  entitled  thereto,  such  per- 
son shall  apply  by  petition  to  the  city  council  for  relief,  and 
the  council  may  order  the  comptroller  to  issue  a duplicate  war- 
rant to  the  person  so  entitled  to  payment,  upon  his  filing  an 
affidavit  of  the  loss  or  destruction  of  the  original,  and  giving 
bond  and  security  to  the  city  to  refund  the  amount  of  such 
warrant,  and  pay  all  costs,  in  case  the  original  or  lost  warrant 
should  be  presented,  and  said  city  be  compelled  to  pay  the  same. 

54.  Special  funds.]  All  moneys  received  by  the  city  treas- 
urer on  any  special  assessment,  shall  be  held  by  him  as  a special 
fund,  to  be  applied  to  the  payment  of  the  improvement  for  which 
such  special  assessment  or  special  tax  was  made,  and  said  money 
shall  be  used  for  no  other  purpose  whatever,  except  to  reimburse 
the  city  for  money  expended  for  such  improvement. 

55.  Corporate  moneys  kept  separate  from  own — use  of  pro- 
hibited, violation.]  The  city  treasurer  shall  keep  all  moneys 
in  his  hands  belonging  to  the  corporation  separate  and  distinct 
from  his  own  money,  and  he  is  hereby  expressly  prohibited  from 
using,  either  directly  or  indirectly,  the  corporation  moneys  or 
warrants,  in  his  custody  and  keeping,  for  his  own  use  and  bene- 
fit, or  that  of  any  other  person  or  persons  whomsoever;  and  any 
violation  of  this  section  shall  subject  him  to  removal  from  office 
by  the  city  council. 

56.  Report  delinquent  officer  to  comptroller,  etc.]  It  shall 

be  the  duty  of  the  treasurer  to  report  to  the  city  comptroller 
any  officer  authorized  to  receive  money  for  the  use  of  the  city 


THE  CITY  TREASURER. 


351 


who  may  fail  to  make  a return  of  the  moneys  received  by  him 
at  the  time  required  by  law,  or  by  the  ordinances  of  said  city. 

57.  Books  and  accounts — how  kept.]  Said  treasurer  shall 
keep  his  books  and  accounts  in  such  manner  as  to  show  with 
entire  accuracy  all  moneys  received  and  disbursed  by  him  for 
the  city,  stating  from  whom  and  on  what  account  received,  and 
to  whom  and  on  what  account  paid  out,  and  in  such  way  that 
said  books  and  accounts  may  be  readily  investigated  and  under- 
stood; and  the  same,  together  with  all  files  and  papers  of  said 
office,  shall  be  at  all  times  open  to  examination  by  the  mayor, 
the  comptroller,  or  the  finance  committee  of  the  city  council. 

58.  Monthly  account  rendered  to  comptroller.]  Said 
treasurer  shall,  at  the  end  of  each  and  every  month,  and  oftener 
if  so  required,  render  an  account,  under  oath,  to  the  city  comp- 
troller, showing  the  state  of  the  city  treasury  at  the  date  of 
such  account,  and  the  balance  of  money  in  the  treasury.  He 
shall  accompany  such  account  with  a statement  of  all  moneys 
received  into  the  treasury,  and  on  what  account  received,  together 
with  all  warrants  redeemed  and  paid  by  him  during  the  preced- 
ing month,  which  warrants,  with  any  and  all  vouchers  held 
by  him,  shall  be  delivered  to  the  city  comptroller,  and  filed 
with  his  said  accounts  in  the  comptroller’s  office;  and  he  shall 
return  all  warrants  paid  by  him  stamped  or  marked  “paid.” 

59.  Annual  report.]  Said  treasurer  shall,  annually,  upon 
the  close  of  each  fiscal  year,  make  out  and  file  with  the  city 
comptroller  a full  and  detailed  report  of  all  receipts  and  ex- 
penditures of  the  corporation,  as  shown  by  his  books,  and  of 
all  his  transactions  as  such  treasurer  during  the  preceding  fiscal 
year,  and  he  shall,  in  such  report,  show  the  state  of  the  city 
treasury  at  the  close  of  such  year,  which  report  the  comptroller 
shall  cause  to  be  published  without  del^y. 

60.  Shall  be  ex-officio  collector.]  The  city  treasurer  and 
ex-officio  city  collector  of  special  taxes  and  speci'al  assessments 
shall,  within  forty  days  after  the  issue  and  delivery  to  him 
of  any  warrant  for  collection  of  special  taxes  or  special  assess- 
ments, make  a report,  in  writing,  to  the  county  treasurer  and 
ex-officio  county  collector  of  Sangamon  county,  of  all  lands, 
town  lots  and  real  property  on  which  he  shall  have  been  unable 


352 


GENERAL  ORDINANCES  OF  CITY. 


to  collect  special  assessments  and  special  taxes  mentioned  in 
the  warrant,  with  the  amount  of  special  assessments  or  special 
taxes  unpaid  thereon,  with  the  warrant  received  by  him,  or  a 
brief  description  thereof;  such  report  shall  be  accompanied  by 
the  oath  provided  by  law.  [Passed  October  3,  1887. 

61.  Office  abolished.]  The  office  of  collector  of  special  taxes 
and  special  assessments  in  the  city  of  Springfield  shall  be  hereby 
discontinued  at  the  close  of  the  present  fiscal  year  of  said  city 
February  28,  1887.  [Passed  November  5,  1886. 

62.  Treasurer  to  act  as  collector.]  The  city  treasurer  of 

the  city  of  Springfield  shall  perform  the  duties  which  now  de- 
volve upon  the  city  collector,  and  all  warrants  for  the  collection 
of  special  taxes  and  special  assessments  levied  under  any  ordi- 
nance of  said  city  shall  be  delivered  to  the  city  treasurer,  and 
it  shall  be  his  duty  to  execute  all  such  warrants  as  provided  by 
law. 

63.  Special  assessment — notice  of.]  Upon  receipt  of  any 
warrant  for  the  collection  of  any  special  tax  or  special  assess- 
ment, the  city  treasurer  shall  immediately  give  notice  thereof 
by  publication  in  a newspaper  published  in  said  city.  Such 
notice  shall  be  substantially  as  follows: 

SPECIAL  (ASSESSMENT  OR  TAX)  NOTICE. 

Special  Warrant  No. 

Notice  is  hereby  given  that  the  County  Court  of  Sangamon  County  has  ren- 
dered judgment  for  a special  (assessment  or  tax)  upon  the  property  benefited  by 
the  following  improvement,  (here  insert  the  character  and  location  of  improve- 
ment in  general  terms),  as  will  more  fully  appear  from  the  certified  copy  of  the 
judgment  on  file  in  my  office.  That  a warrant  for  the  collection  of  such  (assess- 
ment or  tax)  is  in  the  hands  of  the  undersigned.  All  persons  interested  are  hereby 
notified  to  call  and  pay  the  amount  assessed  at  the  city  treasurer’s  office  (here  in- 
sert location, ) within  thirty  days  from  the  date  hereof. 

Dated  this day  of 18 

City  Treasurer. 

64.  Special  tax — demand  for — not  affected  by  omission  to 
notify.]  The  city  treasurer  shall,  as  far  as  practicable,  call 
upon  all  persons  resident  in  the  city  whose  names  appear  on 
the  warrant,  or  the  occupants  of  the  property  assessed,  and  per- 
sonally, or  by  written  or  printed  notice  left  at  their  place  of 
abode,  inform  them  of  such  assessment,  and  request  payment 
of  the  same.  If  the  city  treasurer  shall  omit  this  duty  he  shall 


THE  CITY  TREASURER. 


353 


be  liable  to  a penalty  of  ten  dollars  for  such  omission;  but  the 
validity  of  the  special  assessment  or  special  tax,  or  the  right 
to  apply  for  and  obtain  judgment  thereon,  shall  not  be  affected 
by  such  omission. 

65.  To  receive  assessments — receipt  in  duplicate.]  The 

city  treasurer  is  hereby  authorized  and  instructed  to  receive 
from  any  person  or  persons,  against  whose  property  any  special 
tax  or  special  assessment  for  local  improvements  is  or  may  be 
assessed,  the  amount  of  such  special  tax  or  special  assessment, 
less  such  discount,  if  any,  as  is  provided  for  by  the  contract 
under  which  such  improvement  is  made;  and  he  shall,  in  each 
case,  execute  a receipt  in  duplicate,  which  receipts  shall  be 
countersigned  by  the  city  comptroller;  and  the  person  paying 
shall  retain  one  receipt,  and  the  comptroller  the  duplicate.  The 
treasurer  shall  write  the  word  paid  on  the  warrant  opposite  the 
tract  paid  on,  and  give  the  name  and  postoffice  address  of  the 
person  paying,  and  the  date  of  payment. 

66.  Receipt  book — how  kept.]  The  receipts  shall  be  given 
from  a book  in  which  shall  be  retained  the  stub,  and  the  receipt 
shall  show  the  exact  date  of  payment,  the  person  paying,  the 
property  paid  on,  the  amount  paid,  and  for  what  improvement. 

67.  Report  to  county  collector.]  The  city  treasurer  shall, 
on  or  before  the  first  day  of  April  in  each  year,  return  a report 
or  reports  in  writing  to  the  county  collector  of  Sangamon  county, 
of  all  the  lands,  town  lots  and  property,  on  which  he  has  been 
unable  to  collect  the  special  assessments  or  special  tax  levied 
thereon,  showing  the  amount  of  the  same  due  and  unpaid,  to- 
gether with  the  warrant  or  warrants,  or  a brief  description  of 
the  nature  thereof,  which  report  shall  be  verified  by  his  oath 
that  it  is  a correct  return  and  report  of  the  lands,  town  lots 
and  real  property  on  which  the  special  assessments  and  special 
tax,  levied  by  authority  of  the  city  of  Springfield,  remain  due 
and  unpaid;  and  that  he  is  unable  to  collect  the  same  or  any 
part  thereof,  and  that  he  has  given  the  notice  required  by  law 
that  said  warrant  had  been  received  by  him  for  collection. 
[Passed  November  6,  1886. 

68.  No  extra  compensation.]  The  city  treasurer  shall  re- 
ceive no  extra  compensation  beyond  his  regular  salary  as  city 


354  GENERAL  ORDINANCES  OF  CITY. 

treasurer  unless  the  city  council  shall  so  order,  and  extra  com- 
pensation shall,  in  no  case,  be  voted  or  established  to  take  effect 
during  that  fiscal  year,  or  during  any  treasurer’s  term  of  office 
after  he  is  elected  and  qualified.  [Passed  November  5,  1880. 

Article  IV. 

THE  FINANCE  COMMITTEE. 

69.  To  control  all  finances — examine  accounts  of  officers, 
etc.]  The  finance  committee  of  the  city  council  may  prescribe 
the  manner  in  which  the  books  and  accounts  of  all  officers  of 
the  corporation  shall  be  kept,  in  order  to  establish  uniformity 
therein.  Said  committee  shall,  from  time  to  time,  examine 
the  books  and  accounts  of  all  city  officers,  and  see  that  they 
are  regularly  and  neatly  kept  and  preserved,  and  that  the  books 
and  papers  belonging  to  the  offices  of  the  clerk,  comptroller, 
treasurer  and  collector  are  secure  from  loss  or  injury  by  fire 
or  otherwise;  and  they  shall  report  to  the  city  council  any  neg- 
lect or  failure  on  the  part  of  any  such  officer  to  keep  his  books 
and  accounts  properly,  or  to  preserve  any  papers  pertaining 
to  his  office. 

70.  Decide  all  questions  between  officers.]  In  the  adjust- 
ment of  the  accounts  of  the  treasurer  with  the  comptroller,  there 
shall  be  an  appeal  to  said  finance  committee,  whose  decision 
in  all  matters  of  controversy  arising  between  said  officers  shall 
be  final,  unless  the  city  council  shall  otherwise  direct  and  pro- 
vide. 

71.  Make  examination  of  officers’  accounts  annually.]  The 

finance  committee  shall  meet,  annually,  upon  the  close  of  each 
fiscal  year,  and  examine  and  compare  the  reports  and  statements 
made  by ' the  comptroller  and  treasurer,  or  other  city  officer, 
and  shall  report  thereon  to  the  city  council. 


THE  CITY  ENGINEER. 


355 


CHAPTER  IV. 

DEPARTMENT  OF  PUBLIC  WORKS. 

Article  I.  The  City  Engineer. 

II.  The  Superintendent  of  Streets. 

III.  Contracts  for  Public  Works. 

IV.  City  Electrician. 

Article  I. 

THE  CITY  ENGINEER. 

Sec.  72.  Who  embraced  in  department  of  public  works.] 

There  is  hereby  established  an  executive  department  of  the 
municipal  government  of  the  city  of  Springfield,  which  shall 
be  known  as  the  “Department  of  Public  Works,”  and  shall  em- 
brace the  mayor,  the  comptroller,  the  city  engineer,  and  the  city 
superintendent  of  streets,  and  such  other  officers  or  assistants 
as  the  city  council  may,  by  ordinance,  prescribe  and  establish. 

73.  City  engineer — term  of  office.]  There  is  hereby  created 
the  office  of  city  engineer  of  said  city.  He  shall  hold  his  office 
for  the  term  of  one  year,  and  until  his  successor  shall  be  ap- 
pointed and  qualified. 

74.  How  and  when  appointed.]  The  city  engineer  shall 
be  appointed  by  the  mayor,  by  and  with  the  advice  and  consent 
of  the  city  council,  on  the  first  Monday  in  May,  1884,  or  as 
soon  thereafter  as  may  be,  and  annually  thereafter. 

75.  Bond — amount  of.]  He  shall,  before  assuming  the 
duties  of  his  office,  take  and  subscribe  the  oath  prescribed  by 
law  for  city  officers,  and  shall  execute  a bond  to  the  city  of 
Springfield  in  the  penal  sum  of  three  thousand  dollars,  with 
sureties  to  be  approved  by  the  city  council,  conditioned  for  the 
faithful  performance  of  the  duties  of  the  office. 

76.  Duties  of  engineer.]  The  city  engineer  shall  devote 
his  entire  time  to  the  discharge  of  the  duties  of  his  office.  He 
shall,  when  required  by  the  mayor,  the  city  council  or  any  com- 
mittee thereof,  make  out  and  submit  plans,  estimates  and 


GENERAL  ORDINANCES  OF  CITY. 


356 

specifications  for  any  public  work,  which  may  be  proposed  or 
ordered  by  the  city  council. 

77.  Shall  superintend  all  public  work — make  report,  etc.] 

He  shall,  when  required  by  the  mayor  or  city  council,  superin- 
tend the  construction  of  any  public  work  of  the  corporation, 
and  shall  daily,  or  as  often  as  itiay  be  necessary,  examine  such 
public  work  under  his  charge,  and  see  that  the  same*  is  properly 
executed;  and  if  the  contractor  therefor  shall  neglect  or  refuse 
to  execute  such  work  in  accordance  with  his  contract  and  speci- 
fications, said  engineer  may  suspend  the  work,  and  shall  there- 
upon report  the  facts  to  the  mayor. 

78.  Shall  inspect,  receive  and  measure  material — audit  bills, 
etc.]  He  shall,  when  required,  receive,  inspect  or  measure  any 
lumber,  brick,  stone  or  other  material,  to  be  used  in  any  public 
work  of  the  city,  and  if  necessary  shall  keep  an  accurate  account 
of  the  quantity  and  quality  of  the  same,  the  cost  thereof,  from 
whom  received  and  for  what  purpose  used  or  to  be  used;  and 
he  shall  examine  all  bills  for  materials  so  received  by  him,  or 
in  connection  with  his  department,  and,  if  found  correct,  shall 
certify  the  same  to  the  city  council  for  allowance.' 

79.  Shall  survey  and  make  profile  of  streets,  alleys,  etc.] 
He  shall,  when  required  by  the  city  council,  or  the  committee 
on  streets  and  alleys  thereof,  make  a survey  of  the  grade  or 
boundary  of  any  street,  avenue  or  alley  of  said  city,  and  prepare 
a plat  or  profile  thereof,  and  report  the  same  to  the  city  council ; 
and  no  such  survey  of  grade  or  boundary  shall  be  deemed  es- 
tablished or  valid  until  the  plat  or  profile  thereof  shall  be  ap- 
proved by  the  city  council.  Any  plat,  profile,  or  other  paper 
belonging  to  the  office  of  the  city  engineer,  shall  be  returned 
to  him  by  the  clerk  as  soon  as  the  city  council  shall  have  no 
further  use  for  the  same. 

80.  Shall  mark  grade,  etc. — chainmen  to  be  sworn.]  He 

shall,  without  charge,  give  or  mark  the  grade  of  any  street  or 
alley,  where  established,  at  the  request  of  any  person  desiring 
to  erect  any  building  or  enclosure,  or  to  lay  any  sidewalk  thereon. 
He  shall  make  all  surveys  within  and  for  said  city  that  he  may 
be  called  upon  to  make,  and  shall  employ  the  necessary  chain- 
men,  and  such  other  assistants  as  the  city  council  may  authorize ; 
which  chainmen  or  other  assistants  shall,  before  entering  upon 


THE  CITY  ENGINEER. 


357 


their  duties,  be  duly  sworn  to  measure  accurately  and  justly, 
and  to  perform  their  respective  duties  to  the  best  of  their  know- 
ledge and  ability. 

81.  Shall  have  field  notes  of  city.]  It  shall  be  the  duty 
of  the  city  engineer  to  provide  himself,  as  far  as  practicable, 
with  copies  of  the  field  notes  of  the  original  surveys  of  the  town 
and  city  of  Springfield,  and  to  make  his  own  surveys  in  accord- 
ance therewith;  and  he  shall  carefully  note  all  errors  or  dis- 
crepancies in  the  original  surveys  or  re-surveys,  as  soon  as  dis- 
covered. 

82.  Shall  keep  plats  of  all  surveys,  etc.]  Said  engineer 
shall  keep,  in  his  office,  plats  of  all  grades  or  boundaries  of 
streets  and  alleys  established  by  the  city  council,  correcting  the 
same  when  any  grade  shall  be  changed,  and  adding  thereto 
when  any  new  grade  or  boundary  shall  be  established.  He  shall 
also  keep  correct  surveys  of  all  public  sewers  within  the  city, 
showing  the  location,  length  and  dimensions  of  the  same,  re- 
spectively. He  shall  record  in  a suitable  book,  to  be  provided 
by  the  city,  the  profiles  of  all  surveys  of  grades  and  boundaries 
established,  and  preserve  the  original  papers  relating  thereto, 
and  shall  otherwise  keep  a systematic  record  of  all  the  transac- 
tions pertaining  to  his  office. 

83.  Private  drains — shall  issue  permits — fee.]  Any  person 
wishing  to  connect  or  have  connected  any  private  drain  or  sewer 
with  any  public  sewer,  or  sewer  built  or  owned  by  the  city,  shall 
first  apply  to  and  obtain  a written  permit  from  the  city  engineer 
therefor,  whose  duty  it  shall  be  to  prescribe' the  mode  of  tapping 
the  public  sewers,  the  size  of  the  openings  therein,  and  the 
materials  to  be  used  in  such  connections.  The  person  obtaining 
such  permit  shall  present  the  same  to  the  superintendent  of 
streets  (or  to  such  other  person  as  shall  be  appointed  by  the 
mayor  for  that  purpose),  under  whose  direction  and  supervision 
the  work  of  making  such  sewer  connection  shall  be  done.  Who- 
ever shall  violate,  or  shall  fail  to  comply  with  any  of  the  require- 
ments of  this  section,  shall  be  subject  to  a penalty  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

84.  Shall  make  annual  report  for  fiscal  year.]  The  city 
engineer  shall,  annually,  on  or  before  the  first  Monday  in  March 


GENERAL  ORDINANCES  OF  CITY. 


358 

of  each  year,  make  out  and  submit  to  the  city  council  a report, 
showing  in  detail  the  public  works  or  improvements  undertaken 
or  completed  in  connection  with  his  department  during  the  pre- 
ceding fiscal  year,  and  the  cost  thereof  to  the  city. 

85.  Records  of — shall  be  preserved.]  Said  engineer  shall 
carefully  preserve,  in  his  office,  all  plats  and  records  of  surveys, 
and  all  books,  maps  and  papers  pertaining  thereto;  and  upon 
the  expiration  of  his  term  of  office,  or  his  resignation  thereof 
or  removal  therefrom,  he  shall,  on  demand,  deliver  to  his  succes- 
sor in  office  all  such  books,  plats,  maps,  records  and  effects  of 
every  description,  belonging  to  the  city,  or  appertaining  to  said 
office. 

Article  II. 

THE  SUPERINTENDENT  OP  STREETS. 

86.  Appointed  by  the  mayor.]  The  superintendent  of 

streets  shall  be  appointed  by  the  mayor,  by  and  with  the  consent 
of  the  city  council,  on  the  first  Monday  in  May,  1895,  or  as  soon 
thereafter  as  may  be,  and  annuallv  thereafter.  T Passed  March 
4,  1895. 

87.  Oath — bond.]  He  shall,  before  entering  upon  the  duties 
of  his  office,  take  and  sign  the  oath  prescribed  by  law  for  city 
officers,  and  shall  execute  a bond  to  the  city  of  Springfield  in 
the  penal  sum  of  five  thousand  dollars  with  such  sureties  as 
the  city  council  shall  approve,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office  and  the  payment  of  all 
moneys  that  may  be  received  by  him  according  to  law  and  the 

. ordinances  of  said  city.  [Passed  March  3,  1891. 

88.  Duties — improvements  exceeding  twenty-five  dollars — 

how  made.]  Said  superintendent  shall  have  charge  of  the 
improvement,  repairing  and  cleaning  of  all  streets,  avenues  and 
alleys  in  the  city,  and  shall  supervise  the  construction  and  re- 
pair of  all  sidewalks  therein;  but  no  improvement  or  repairs, 
except  such  as  may  be  actually  necessary,  shall  be  made  by  him 
without  the  previous  order  of  the  city  council.  He  shall,  with- 
out delay,  cause  all  breaks  in  any  street  or  alley  crossing,  bridge, 
culvert,  apron,  or  other  unsafe  place  to  be  repaired,  and  report 
the  cost  thereof  to  the  city  council  for  allowance;  and  when 


THE  SUPERINTENDENT  OE  STREETS. 


359 


the  probable  cost  of  any  such  repair  shall  exceed  twenty-live 
dollars,  the  same  shall  be  made  only  with  the  concurrence  of 
the  mayor,  or  of  the  committee  on  streets  and  alleys. 

89.  Shall  enforce  ordinance.]  He  shall  cause  all  ordinances 
in  relation  to  streets,  alleys  and  sidewalks  to  be  enforced,  and 
shall  prosecute  all  persons  for  violations  thereof.  He  shall 
carry  into  effect  all  such  orders,  general  or  special,  as  he  may 
receive  from  the  city  council,  the  mayor,  or  committee  on  streets 
and  alleys,  and  for  any  wilful  neglect  or  refusal  to  perform  any 
duty  required  of  him  by  the  laws  or  ordinances  of  said  city, 
he  shall  be  liable  to  removal  from  office. 

90.  Shall  clean  streets  and  alleys  annually  and  recommend 
improvements.]  He  shall,  annually,  in  the  spring  of  the  year, 
under  the  direction  of  the  committee  on  streets  and  alleys,  cause 
the  streets,  avenues  and  alleys,  where  needed,  to  be  cleaned  and 
the  gutters  opened,  and  shall,  as  far  as  it  is  practicable,  keep 
them  in  that  condition,  during  the  year.  He  shall,  from  time 
to  time,  examine  the  sewers,  culverts,  bridges,  crosswalks  and 
sidewalks,  and  report  the  condition  of  the  same  to  the  city  coun- 
cil, and  recommend  such  improvements  or  repairs  as  he  may 
deem  necessary. 

91.  May  employ  laborers,  teams,  etc. — shall  superintend 
same — shall  supervise  connections  of  sewers,  etc.]  He  may, 
by  authority  of  the  city  council,  employ  such  number  of  laborers, 
teams  and  carts  as  shall  be  necessary  for  cleaning  and  repairing 
the  streets  and  alleys,  and  at  such  prices  as  shall  be  fixed  by  the 
city  council,  not  exceeding  the  customary  rates  paid  by  others 
for  similar  labor  or  service.  He  shall  oversee  and  direct  the 
street  laborers  and  workmen,  and  require  them  to  labor  faith- 
fully, and  shall  keep,  in  a suitable  book,  a correct  account  of 
their  time.  He  shall  also  supervise  all  connections  of  private 
drains  or  sewers  with  the  public  sewers,  and  shall  see  that  the 
same  are  made  in  such  manner  that  no  injury  is  done  to  the 
public  sewers. 

92.  Eight  hours  a day’s  work.]  Eight  hours  shall  here- 
after constitute  a day’s  work  and  be  entitled  to  a day’s  pay,  for 
all  mechanics  or  laborers  employed  in  any  department  of  the 
city  of  Springfield,  or  coming  directly  or  indirectly  under  the 


GEN' EltAL  OKDJ  NANCES  OF  CITY. 


360 

supervision  of  the  city  or  its  officers:  Provided,  however,  this 

ordinance  shall  not  in  any  way  conflict  with  the  present  system 
of  labor  or  hours  now  employed  and  used  in  the  police  or  fire 
departments  of  the  city.  [Passed  December  19,  1898. 

93.  Shall  procure  implements — requisition  on  comptroller 
for  same — tools  branded  and  housed.]  He  may  procure  the 

necessary  implements  for  performing  street  labor,  or  materials 
for  bridges,  culverts  and  cross-walks,  but  he  shall  purchase  no 
implement  or  any  materials  without  making  a written  requisi- 
tion on  the  city  comptroller,  and  obtaining  his  order  therefor; 
and  when  he  shall  purchase  any  implement  or  materials  for  the 
use  of  the  corporation,  he  shall  report  the  bill  thereof  to  the 
city  comptroller,  who  shall  charge  him  with  the  same  at  cost. 
He  shall  cause  all  implements  or  tools  belonging  to  the  city 
to  be  legibly  marked  or  branded  with  the  letters  “C.  S.”  and 
shall  cause  them  to  be  properly  housed  or  protected  from  the 
weather  when  not  in  use. 

94.  To  keep  list  of  tools — shall  turn  over  to  successor.] 

It  shall  be  the  duty  of  the  superintendent  of  streets  to  keep  a 
correct  list  of  all  implements,  materials  and  other  property 
of  the  city,  in  his  charge  or  possession;  and  upon  the  expiration 
of  his  term  of  office,  or  his  resignation  thereof  or  removal  there- 
from, he  shall  deliver  said  property  to  his  successor  in  office, 
taking  a receipt  therefor,  which  he  shall  immediately  file  with 
the  city  comptroller,  who  shall  credit  him  with  the  same,  and 
charge  his  successor  therewith. 

95.  Shall  keep  account  of  expenditure  of  each  ward,  examine 
contracts,  etc.]  He  shall  keep  in  an  appropriate  book,  and 
in  such  manner  as  may  be  required  by  the  committee  on  finance, 
a plain  and  accurate  account  of  all  expenditures  made  under 
his  supervision,  specifying  to  whom  and  for  what  purpose  made, 
and  to  what  ward  chargeable.  He  shall  examine  all  accounts 
of  contractors  and  other  persons  for  work  pertaining  to  his 
department,  or  for  implements  or  materials  furnished  therefor, 
and  if  correct,  shall  certify  the  same  to  the  city  council  for 
allowance. 

96.  Make  monthly  report  to  council.]  Said  superintendent 
shall,  on  the  first  Monday  of  each  and  every  month,  report  to 


CONTRACTS  FOR  PUBLIC  WORKS. 


361 


the  city  council  in  writing,  a statement  of  all  expenditures  under 
his  supervision  during  the  preceding  month,  specifying  the  pur- 
pose of  such  expenditures,  and  the  different  wards  in  which 
made,  and,  if  required,  the  persons  to  whom  made.  No  account 
presented  or  certified  by  him  shall  be  allowed,  or  warrant  issued 
thereon,  unless  it  shall  be  so  rendered  as  to  show  to  what  account 
and  ward  it  is  chargeable. 

97.  Work  to  be  designated  by  order  of  council.]  When 
any  bridge,  culvert,  crosswalk,  or  other  street  work,  to  be  done 
by  or  under  the  direction  of  the  street  superintendent,  shall  be 
ordered  by  the  city  council,  the  location  and  manner  of  construct- 
ing the  same  shall  be  designated  in  the  order. 

98.  Crosswalks — width  of — how  constructed — material,  etc.] 

Crosswalks  shall  be  constructed  not  less  than  three  nor  more 
than  six  feet  wide,  and  shall  be  so  laid  as  not  to  materially  ob- 
struct the  roadway;  and  when  the  width  is  not  specified  in  the 
order  of  the  council,  they  shall  be  laid  to  the  width  of  three 
feet.  They  shall,  unless  otherwise  directed  in  the  order,  be 
constructed  of  good  two-inch  white  or  burr  oak  plank,  well 
spiked  to  sound  oak  timbers  or  cross-pieces,  placed  not  more 
than  six  feet  apart,  and  shall  be  furnished  with  the  necessary 
approaches  and  aprons  of  two-inch  plank.  Culverts,  unless 
otherwise  directed  in  the  order,  shall  be  built  of  at  least  two- 
inch  white  or  burr  oak  lumber,  securely  spiked  and  tied  to  a 
substantial  frame- work  of  timber,  and  of  sufficient  size  and 
capacity  to  admit  and  carry  off  all  the  water  as  fast  as  it  may 
flow,  and  shall  be  covered  with  at  least  two  and  one-half  inch 
sound  oak  plank. 

Article  III. 

PROVISIONS  RELATING  TO  CONTRACTS  FOR  PUBLIC  WORKS. 

99.  Contracts  not  to  exceed  appropriation.]  When  any 
public  work  shall  be  ordered  by  the  city  council  of  the  city  of 
Springfield,  and  before  the  letting  of  any  contract  therefor  by 
the  city,  the  probable  cost  of  such  work  shall  be  first  ascertained ; 
and  no  expenditure  for  any  public  work  or  improvement,  to  be 
paid  for  out  of  any  general  fund  of  the  corporation,  shall  exceed, 


GENEKAL  ORDINANCES  OF  CITY. 


3G2 

in  any  year,  the  amount  appropriated  for  such  improvement  in 
the  annual  appropriation  bill  of  such  year. 

100.  Contracts  to  be  paid  by  special  assessment — exceed- 
ing five  hundred  dollars — two-thirds  vote  required.]  Ail  con- 
tracts for  the  making  of  any  public  improvement  in  said  city, 
to  be  paid  for  in.  whole  or  in  part  by  special  assessment  or  special 
taxation,  and  any  work  or  other  public  improvement,  when  the 
expense  thereof  shall  exceed  the  sum  of  five  hundred  dollars, 
shall  be  let  to  the  lowest  responsible  bidder  therefor,  in  the 
manner  hereinafter  prescribed,  and  be  approved  by  the  mayor: 
Provided , that  any  such  contract  may  be  entered  into  by  the 
city  comptroller,  or  other  proper  officer,  without  advertising  for 
bids,  and  without  the  approval  of  the  mayor,  when  authorized 
by  a vote  of  two-thirds  of  all  the  aldermen  elected  to  the  city 
council. 

101.  City  engineer  to  make  profile  and  specifications.] 

Whenever  any  local  or  public  improvement  shall  be  ordered 
by  the  city  council,  which  is  to  be  paid  for  in  whole  or  in  part 
by  special  assessment  or  special  taxation,  or  otherwise,  it  shall 
be  the  duty  of  the  city  engineer  to  prepare  a plan  or  profile  of 
the  proposed  improvement,  and  specifications  for  the  construc- 
tion of  the  same,  which  shall  be  kept  on  file  in  his  office,  and  be 
open  to  the  inspection  of  city  officers  and  other  persons  interested 
therein. 

102.  Mayor  to  advertise  for  proposals.]  As  soon  as  the 
special  tax  or  special  assessment  for  any  such  improvement 
shall  have  been  finally  confirmed,  as  provided  by  law,  and  sooner 
if  deemed  expedient  by  the  mayor  or  city  council,  the  mayor 
shall  be  authorized  to  advertise,  in  one  or  more  newspapers  of 
general  circulation  printed  or  published  in  said  city,  for  pro- 
posals to  furnish  the  materials  and  do  said  work,  according 
to  the  plans  and  specifications  aforesaid.  Such  advertisement 
shall  be  published  for  at  least  ten  consecutive  days  before  the 
day  fixed  for  opening  said  proposals,  and  shall  state  the  nature 
and  extent  of  the  improvement  ordered,  the  place  where  speci- 
fications thereof  may  be  seen,  and  the  time  and  place  when  and 
where  the  bids  will  be  opened.  The  right  to  reject  any  and 
all  proposals  or  bids  received  shall  be  reserved  in  the  advertise- 
ment. 


CONTRACTS  FOR  PUBLIC  WORKS. 


363 


103.  Proposals — bond.]  All  proposals  for  any  such  im- 
provement shall  be  signed  by  the  persons  bidding,  and  be  in- 
closed in  a sealed  envelope  and  directed  to  the  mayor;  and  each 
bid  shall  be  accompanied  by  a bond,  in  such  amount  as  may  be 
named  in  said  advertisement  or  notice,  with  sureties  to  be  ap- 
proved by  the  mayor,  conditioned  that,  in  case  the  contract  is 
awarded  to  such  bidder,  he  will  enter  into  bond,  as  herein  re- 
quired, to  perform  the  same  according  to  the  terms  of  his  bid; 
or  each  bidder  may  be  required  to  accompany  his  bid  with  a 
certified  check,  in  such  reasonable  amount  as  shall  be  designated 
by  the  mayor  in  said  advertisement,  payable  to  the  order  of  the 
city  treasurer,  which  shall  become  forfeited  to  the  city  in  case 
the  bidder  shall  fail  to  enter  into  contract,  with  approved  securi- 
ties, to  execute  the  work  for  the  price  mentioned  in  his  bid,  and 
according  to  the  plans  and  specifications,  in  the  event  that  the 
contract  should  be  awarded  to  him. 

104.  Proposals — when  and  by  whom  opened.]  All  proposals 
or  bids  shall  be  opened  by  the  mayor  at  the  hour  and  place  men- 
tioned in  said  advertisement,  in  the  presence  of  such  bidders 
and  other  persons  as  may  attend,  and,  upon  examination  of 
the  same,  the  mayor  shall  award  the  contract  to  the  lowest  re- 
sponsible bidder,  whose  bid  shall  not  exceed  the  estimated  cost 
of  the  proposed  improvement;  or  he  may  submit  the  same  to 
the  city  council  for  their  approval  and  confirmation. 

105.  Bond  of  bidders.]  The  performance  of  the  contract 
shall  be  secured  by  a good  and  sufficient  bond,  to  be  approved 
by  the  mayor  or  city  council,  conditioned,  among  other  things, 
for  the  faithful  execution  of  the  terms  of  such  contract,  which 
terms  shall  be  substantially  set  forth  in  said  bond.  If  any 
bidder  shall  fail  to  promptly  enter  into  contract,  and  to  give 
bond  as  hereinbefore  required,  the  contract  for  such  work  may 
be  awarded  to  the  next  lowest  and  most  responsible  bidder;  or, 
if  it  shall  be  deemed  best  for  the  interests  of  the  city  not  to 
accept  any  of  the  bids  made,  such  bids  may  be  rejected,  and  the 
mayor  shall  thereupon  re-advertise  for  proposals  in  like  manner 
as  before. 

106.  Failure  to  enter  into  contract — aldermen  and  officers 
not  to  be  interested.]  Any  bidder  who  shall  fail  to  enter  into 
any  contract  so  awarded,  or  shall  fail  to  fulfill  any  contract 


3G4  GENERAL  ORDINANCES  OF  CITY. 

entered  into  by  him  with  the  city,  shall  not  be  permitted  to  bid 
again  for  any  city  work,  unless  the  city  council  shall,  for  good 
cause  shown,  remove  his  disability.  No  member  of  the  city 
council,  or  other  city  officer,  shall  be  interested,  directly  or  in- 
directly, in  any  contract  for  work  of  the  corporation,  or  become 
surety  for  any  contractor  or  other  person  upon  any  bond,  to 
secure  the  performance  of  any  contract  with  said  city. 

107.  Bond — how  made  and  approved — copy  of  contract.] 

All  such  contracts  and  bonds  shall  run  to  and  be  in  the  name 
of  the  city  of  Springfield,  and  shall  be  drawn  by  the  city  attor- 
ney, or  be  submitted  to  him  for  his  approval  of  the  form  thereof ; 
and  before  the  same  shall  be  in  force,  they  shall  be  signed  or 
approved  by  the  mayor,  and  countersigned  by  the  city  comp- 
troller. Said  contracts  shall  be  executed  in  duplicate,  one 
original  copy  of  which  shall  be  given  to  the  contractor,  and  the 
other  filed  and  kept  in  the  office  of  the  comptroller,  who  shall 
furnish  copies  thereof  when  required. 

108.  Power  of  mayor  and  council  to  suspend  and  annul.] 

Each  contract  shall  contain  a clause,  in  substance  to  the  effect 
that  it  is  made  subject  to  the  ordinances  of  the  city,  and  to  the 
power  of  the  mayor  or  other  proper  city  officer  to  suspend  the 
work,  and  of  the  city  council  to  annul  the  contract  for  a failure 
on  the  part  of  the  contractor  to  execute  the  same  according  to 
the  terms  thereof;  but  that  such  suspension  shall  not  affect  the 
right  to  all  damages  claimable  by  it  on  account  of  the  non-per- 
formance of  such  contract  according  to  the  terms  thereof. 

109.  Liability  of  city.]  All  contracts  in  which  the  contrac- 
tor or  contractors  agree  to  be  paid  from  special  taxes  or  special 
assessments,  shall  contain  covenants  do  the  effect  that  they  shall 
have  no  claim  or  lien  upon  the  city,  in  any  event,  except  from 
the  collection  of  the  special  taxes  or  special  assessments  levied 
for  the  work  contracted;  and  that  no  liability  shall  attach  to 
the  city  by  reason  of  entering  into  any  such  contract,  except 
for  the  payment  to  such  contractor  or  contractors  of  the  moneys 
received  by  the  city  on  the  special  taxes  or  special  assessments 
levied  or  assessed  for  the  improvement  mentioned  in  such  con- 
tract. And  no  contract  for  work,  to  be  paid  for  as  aforesaid,, 
shall  be  let  to  any  contractor  who  will  not  so  agree. 


CONTRACTS  FOR  PUBLIC  WORKS. 


365 


110.  Contractors  not  to  sell  dirt  from  streets — penalty.) 

In  all  contracts  for  street  or  alley  improvement,  where  the  city 
shall  reserve  the  disposition  of  all  surplus  earth  removed  in 
excavations  upon  such  streets  or  alleys,  no  contractor  or  sub- 
contractor shall  in  any  manner  sell  or  dispose  of  any  such 
surplus  earth,  under  a penalty  of  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars  for  each  offense. 

fll.  Certificate  of  completion  of  contract  filed  with  comp- 
troller— warrants  may  be  issued  as  work  progresses,  reserving 
fifteen  per  cent.]  When  any  contract  shall  have  been  com- 
pleted, and  on  the  filing  in  the  office  of  the  city  comptroller  of 
the  certificate  of  the  city  engineer,  or  other  officer  under  whose 
supervision  the  work  was  done,  stating  that  he  has  inspected 
said  work,  and  that  it  is  done  according  to  the  contract  and 
specifications,  the  comptroller  and  mayor  may  issue  their  war- 
rant on  the  treasurer  for  the  amount  due  such  contractor  or 
contractors;  and  they  may,  when  stipulated  in  the  contract, 
or  with  the  consent  of  the  city  council,  from  time  to  time,  dur- 
ing the  prosecution  of  the  work  (upon  the  filing  of  the  certifi- 
cate of  the  proper  officer,  stating  that  he  has  examined  and  com- 
puted or  measured  such  work,  and  that  he  believes  there  is 
enough  done  to  cover  the  estimate,  and  that  it  is  done  in  accord- 
ance with  the  contract),  advance  to  the  contractor,  and  draw 
their  warrant  upon  the  treasurer  for  such  advance,  reserving, 
in  all  cases,  at  least  fifteen  per  cent,  of  the  estimate,  to  be  paid 
when  the  contract  is  completed. 

112.  No  payment  for  extra  work  not  specified.]  No  pay- 
ment shall  be  made  upon  any  work  done  by  contract  for  any 
extra  work  not  specified  therein,  unless  such  extra  work  shall 
have  been  done  by  special  order  of  the  city  council.  No  officer 
of  the  corporation,  or  special  superintendent  employed  thereby, 
shall  certify  the  account  of  any  contractor  who  has  failed  to 
comply  with  the  terms  of  his  contract,  nor  in  any  case  in  ad- 
vance of  the  progress  of  the  work;  and  if  he  shall  do  so,  he 
shall  be  liable  to  the  city  for  all  loss  that  may  arise  therefrom. 


GENERAL  ORDINANCES  OF  CITY. 


3(5  (5 


Article  IV. 

CITY  ELECTRICIAN. 

113.  Electrician — term  of  office.]  There  is  hereby  created 
the  office  of  city  electrician  of  the  city.  The  term  of  said  office 
shall  be  for  one  year  and  until  his  successor  is  appointed  and 
qualified. 

114.  How  and  when  appointed.]  The  city  electrician  shall 
be  appointed  by  the  mayor,  by  and  with  the  consent  of  the  city 
council,  on  the  first  Monday  in  May,  1890,  or  as  soon  thereafter 
as  may  be,  and  annually  thereafter. 

115.  Oath — bond.]  The  city  electrician  shall,  before  enter- 
ing upon  the  duties  of  his  office,  take  the  oath  or  affirmation 
prescribed  by  law  for  city  officers,  and  shall  execute  a bond  to 
the  city  of  Springfield  in  the  penal  sum  of  three  thousand  dol- 
lars, with  such  sureties  as  the  city  council  shall  approve,  con- 
ditioned for  the  faithful  performance  of  the  duties  of  the  office 
and  the  payment  of  all  moneys  that  may  be  received  by  him, 
as  such  city  electrician,  according  to  law  and  the  ordinances 
of  the  city. 

116.  Duties.]  The  city  electrician  shall  have,  under  direc- 
tion of  the  mayor  and  city  council,  the  supervision  over  all  elec- 
trical apparatus  belonging  to  the  city,  and  keep  the  same  in 
good  working  condition.  He  shall  also  perform  all  such  other 
duties  as  the  mayor  and  city  council  may  direct.  He  shall 
also,  from  time  to  time,  make  such  suggestions  to  the  mayor 
and  city  council  which,  in  his  judgment,  may  improve  the  ser- 
vice of  the  apparatus  under  his  control  or  in  other  matters  in 
the  line  of  his  duties,  which  may  be  deemed  necessary  for  the 
safety  and  welfare  of  the  general  public. 

117.  Salary  fixed.]  The  salary  of  the  city  electrician  shall 
be  one  thousand  dollars  per  annum. 

118.  Electric  lights,  etc.]  In  addition  to  his  other  duties 
the  city  electrician  shall  exercise  a supervision  over  all  electric 
lamps  used  by  the  city  for  the  purpose  of  lighting  the  streets 
and  public  buildings  and  grounds  of  the  city,  and  to  report, 
from  time  to  time,  to  the  city  comptroller,  all  shortage  in  candle 
power  of  the  same.  Ho  change  shall  be  made  in  the  location  of 


CITY  ELECTRICIAN. 


367 


any  street  lamp  unless  said  change  be  first  ordered  by  the  city 
council  at  a regular  meeting  or  a meeting  called  for  the  purpose. 
And  no  additional  lamp  shall  be  put  into  service  unless  first 
ordered  by  the  city  council.  When  a lamp  or  lamps,  in  addi- 
tion to  those  already  in  service  shall  be  ordered  by  the  city 
council  to  be  placed  in  service,  the  order  must  contain  the  loca- 
tion or  locations  where  such  lamp  or  lamps  are  to  be  placed.  It 
shall  be  the  duty  of  the  city  electrician  to  enforce  all  orders  of 
the  city  council  regarding  street  lamps.  [As  amended  January 
6,  1896. 

119.  Telegraph,  telephone  and  other  wires.]  Said  elec- 
trician shall,  also,  exercise  a supervision  over  all  telegraph, 
telephone,  electric  light  and  power  wires  and  compel  the  same 
to  be  strung  in  such  a manner  as,  to  avoid  all  danger  from  the 
accidental  breaking  or  crossing  of  the  same. 

120.  Shall  test  insulation.]  He  shall,  from  time  to  time, 
test  the  insulation  of  all  wires  used  for  the  purpose  of  electric 
lighting  or  transmission  of  power,  and  compel  a standard  of  one 
megohm  to  be  maintained  at  all  times. 

121.  General  supervision  over  wires,  poles,  etc.]  The  city 
electrician  shall  have  and  exercise,  under  the  direction  of  the 
mayor  and  street  lighting  committee,  in  addition  to  his  other 
duties,  a general  supervision  over  telephone,  telegraph  and  elec- 
tric wires,  wires  for  transmitting  power,  and  all  other  wires 
placed  along,  across  or  within  the  streets,  alleys  or  buildings 
in  said  city,  and  all  apparatus,  appliances  and  devices  connected 
with  said  wires,  and  supervise  and  regulate  the  erection,  con- 
struction and  maintenance  of  the  •same. 

122.  Supervise  construction,  conductors,  generators,  etc.] 

He  shall  supervise  and  regulate  the  construction,  erection  and 
maintenance  of  all  wires  and  apparatus  designed  to  be  used 
as  conductors  or  generators  of  electricity,  and  all  such  material, 
apparatus  and  devices  shall  be  subject  to  his  approval  as  to 
their  safety;  and  all  material,  apparatus  and  devices  designed 
to  be  used  as  conductors  or  generators  of  electricity,  or  to  sup- 
port, insulate  or  protect  conductors  or  generators  of  electricity, 
not  so  approved,  must  be  removed  or  replaced  by^  suitable  and 
approved  apparatus,  material,  device,  etc. 


308  GENERAL  ORDINANCES  OF  CITY. 

123.  Certificates  of  inspection.]  No  electric  lamps  shall 
be  used  for  lighting  any  building,  or  portion  thereof,  in  said 
city,  unless  a certificate  of  inspection  shall  be  first  secured  from 
the  city  electrician. 

124.  Permits  to  erect  wires,  etc.]  No  wires  shall  be  erected 

unless  a permit  be  first  procured  from  the  city  electrician,  and 
immediately  upon  the  erection  of  wires  for  the  purpose. of  con- 
ducting electricity  or  for  transmitting  sound,  and  before  such 
wires  are  used,  he  shall  be  notified  that  such  wires  are  ready 
for  inspection.  Upon  inspection  he  may  issue  a certificate  and 
keep  a record  of  same. 

125.  General  powers  and  duties  as  inspector,  etc.]  He 

shall  have  power,  and  upon  proper  application,  it  shall  be  his 
duty  to  inspect  any  such  wires  or  apparatus  used  in  and  about 
the  conducting  of  electricity,  and  if  upon  proper  inspection,  the 
same  be  approved  by  him,  he  shall  give  a certificate  of  such 
inspection  upon  the  payment  of  the  fees  hereinafter  provided 
for.  Said  certificate  shall  show  the  date  of  inspection  and  a 
general  description  of  the  result  of  such  examination,  and  no 
certificate  shall  be  given  in  any  case  unless  the  requirements 
of  this  ordinance  have  been  fully  complied  with.  No  motor  or 
machine  designed  to  be  operated  by  electricity  or  magnetism 
shall  be  used  until  a certificate  of  inspection  has  been  procured. 

126.  Inspection  of  power  plants,  etc.]  He  shall  inspect 

all  electric  plants  and  powers : Provided , in  case  of  electric 

railroad  power  plants,  inspection  regulations  are  hereinafter 
set  forth.  The  following  conditions  will  be  required,  viz: 

All  wires  for  the  purpose  of  conducting  electric  currents  for 
arc  lighting  and  power  machinery,  must  be  covered  wire  and 
have  a conveying  capacity  that  will  insure  the  wire  from  heating 
to  exceed  thirty  degrees  Fahrenheit  above  surrounding  atmos- 
phere. Continuous  wire  must  be  used  as  far  as  possible,  and 
when  necessary  to  make  joints  they  must  be  soldered  and  pro- 
perly insulated.  Generators,  motors,  lamps  and  all  connections 
must  be  so  mounted  and  secured  as  to  be  completely  and  con- 
tinuously insulated  from  the  ground. 

Each  electric  light  and  power  circuit,  excepting  electric  rail- 
roads, as  hereinafter  provided,  with  generators,  lamps,  motors, 


CITY  ELECTRICIAN. 


369 


appliances  and  devices  of  whatsoever  character,  for  testing, 
regulation,  etc.,  connected  and  placed  in  position,  must  show 
an  insulation  resistance  between  the  ground  of  not  less  than 
one  megohm.  Ground  circuits  will  not  be  permitted.  All 
service  incandescent  circuits,  with  connections,  appliances,  etc., 
must  present  the  same  requirements  as  provided  for  arc  lights 
and  power  service.  All  multiple  incandescent  primary  circuits 
must  present  the  same  requirements  as  provided  for  arc  light 
and  power  circuits.  All  multiple  incandescent  secondary  cir- 
cuits, appliances,  etc.,  must  present  the  same  requirements  as 
provided  for  arc  light  and  power  circuits : Provided,  the  insula- 

tion resistance  of  said  secondary  circuits  shall  be  maintained 
at  what,  in  the  judgment  of  the  city  electrician,  the  situation 
and  character  of  different  installations  require.  No  change 
of  any  character  of  any  plant  or  wiring  installation  may  be  made 
without  due  and  sufficient  notice  to  the  city  electrician,  and  a 
permit  and  certificate  he  obtained  the  same  as  for  original  in- 
spection. 

127.  Switches,  cut-outs,  etc.]  Suitable  and  approved 
switches,  cut-outs,  and  other  necessary  safety  devices,  shall  be 
placed,  whenever,  in  the  judgment  of  the  city  electrician,  they 
will  add  to  the'  safety  of  person  or  property. 

128.  Guard  wires,  irons,  etc.,  to  be  approved — by  whom 
furnished,  etc.]  When  the  wires  or  circuits  of  the  same,  or 
different  interests,  cross  each  other,  suitable  and  approved  guard 
wires  shall  be  placed  by  the  party  or  parties  operating  the  under 
wires,  to  prevent  damage  from  the  accidental  breaking  or  dis- 
placement of  the  wires  an'd  when  wires  are  turned  and  run  at 
an  angle  to  their  former  course,  suitable  guard  irons  shall  be 
placed  upon  the  support  at  the  angle  to  prevent  the  wires  from 
falling  in  case  of  their  displacement:  Provided,  when  the 
under  wires  are  owned  by  the  city,  then  and  in  that  case  the 
guard  wires  above  provided  for  shall  be  furnished  and  main- 
tained at  the  expense  and  charge  of  the  owners  of  the  wires 
from  which  the  wires  of  the  city  need  protection. 

129.  Permit  to  be  granted,  by  whom,  application  for,  etc.] 

Any  company,  person  or  persons  desiring  to  erect  poles  or  posts 
in  any  street,  alley  or  other  public  place  within  the  city,  having 
first  acquired  the  right  to  erect  such  poles  or  posts,  shall  apply 


370 


GENERAL  ORDINANCES  OF  CITY. 


to  the  mayor  for  a permit;  the  application  must  be  accompanied 
by  a plan  indicating  the  proposed  location  of  the  poles,  and 
no  poles  shall  be  erected  for  the  purpose  of  supporting  wires 
until  a permit  is  issued  by  the  mayor,  on  the  recommendation 
of  the  city  engineer  and  the  city  electrician. 

130.  Rights  reserved  by  city  when  permit  is  granted — com- 
pensation, etc.]  In  granting  permits  to  erect  poles  for  the 
purpose  of  carrying  wires,  the  city  reserves  the  right,  if  the 
interest  of  the  public  so  demand,  to  authorize  other  companies 
or  persons  to  use,  under  the  provisions  of  this  ordinance,  any 
poles  erected  or  to  be  erected  for  the  same  purpose,  upon  pay- 
ment to  the  owners,  of  a reasonable  compensation,  to  be  deter- 
mined by  agreement  between  the  parties,  and  in  case  they  can- 
not agree,  then  such  compensation  may  be  fixed  by  the  city 
council.  The  city  reserves  the  right  to  use  all  such  poles  free 
of  charge.  All  permits  granted  under  this  ordinance  shall  be 
subject  to  all  the  provisions  herein,  and  persons  applying  for 
and  accepting  such  permits  will  be  bound  thereby,  and  it  will 
be  the  duty  of  the  city  electrician  to  enforce  the  same. 

131.  Powers  and  duties  of  electrician  concerning  electric 
railways,  continuous  rails,  circuits,  etc.]  The  city  electrician 

shall  have  power,  and  it  shall  be  his  duty  to  supervise,  inspect 
and  regulate  the  construction  of  all  electric  railroads,  and  any 
portion  not  approved  by  him  must  be  removed  and  replaced. 
The  conductors  of  electrical  currents  for  railroads  may  consist 
of  one  or  more  bare  wires,  to  be  placed  not  less  than  eighteen 
feet  above  the  ground  and  immediately  above  the  track,  and 
must  be  properly  insulated  from  all  supports,  strain  wires,  guys, 
pull-offs,  etc.,  of  a conveying  capacity  sufficient  to  convey  the 
full  amount  of  current  required  without  undue  heating,  and 
when  disconnected  from  the  track  portion  of  the  circuit  must 
maintain  an  insulation  resistance  between  the  ground  of  50,000 
ohms  per  mile  at  all  times.  The  rails  must  constitute  the  return 
portion  of  the  circuit,  and  must  be  made  continuous  by  suitable 
connections.  No  direct  ground  circuit  will  he  permitted: 
Provided , nothing  in  this  ordinance  will  be  construed  as  pre- 
venting the  use  of  a continuous  wire  well  secured  to  the  top 
of  the  cross  ties,  and  abutting  one  or  both  rails,  for  the  return 
circuit.  All  feeders  must  conform  to  all  regulations  provided 


CITY  ELECTRICIAN. 


371 


for  arc  light  and  power  wires.  All  power  generators  for  elec- 
tric railroads  with  power  stations,  and  switch  board  devices,  and 
appliances  in  buildings  occupied  by  persons  or  companies  operat- 
ing the  road,  when  disconnected  from  the  overhead  bare  wires 
and  the  track  return,  must  maintain  an  insulation  resistance 
of  one  megohm,  and  no  lamps  or  other  appliances,  except  light- 
ning arresters  and  testing  apparatus,  may  have  a direct  connec- 
tion with  the  ground,  but  must  be  connected  directly  to  return 
rails  by  means  of  a suitable  insulated  wire.  Suitable  and  ap- 
proved guard  wires  must  be  placed  over  the  overhead  bare  or 
trolly  wire  to  prevent  accident  or  damage  to  person  or  property 
from  other  wires  falling  upon  the  same.  Said  guard  wires  to  be 
insulated  from  the  bare  overhead  conductor  and  from  the 
ground.  All  appliances  and  devices  for  insulating  overhead 
wires,  feeders,  etc.,  must  be  approved  by  the  city  electrician, 
and  if  not  satisfactory  must  be  replaced  by  suitable  material 
and  devices. 

132.  Insulation,  when  tested,  report,  etc.]  Electric  cur- 
rents and  wires  used  as  conductors  of  electricity  for  lighting 
or  for  transmitting  power,  must  be  tested  once  a day  for  insula- 
tion resistance  between  the  ground,  by  parties  operating  the 
same,  and  a report  of  said  test  must  be  made  daily  to  the  city 
electrician. 

133.  Current  to  be  stopped  in  case  of  dangerous  trouble.] 

Should  trouble  of  a dangerous  character  occur  in  any  apparatus, 
wires,  lamps,  cables,  guys  or  transformers  or  other  appliances 
for  the  distribution  of  electrical  currents,  any  person,  firm  or 
company  controlling  said  apparatus  shall  cause  said  apparatus 
to  cease  generating  electrical  current,  upon  request  of  the  city 
electrician,  fire  marshal  or  chief  of  police,  or  the  immediate 
subordinate  of  either,  and  said  person,  firm  or  company  con- 
trolling said  apparatus  shall  not  commence  to  generate  electrical 
current  until  such  dangerous  trouble  shall  have  been  remedied. 
Any  person,  firm  or  company  failing  to  comply  with  the  provi- 
sions of  this  section  shall  be  deemed  guilty  of  a misdemeanor 
and  on  conviction  thereof  shall  pay  a fine  of  not  less  than  five 
dollars  nor  more  than  twenty  dollars  for  each  offense.  Any 
person,  firm  or  company  who  shall  attach  in  any  manner  to  any 
water,  gas,  steam,  sewer  or  other  metallic  pipe,  or  any  appliance 


372 


GENERAL  ORDINANCES  OF  CITY. 


connected  thereto,  any  wire  or  other  apparatus  designed  to  be 
used  to  convey  or  conduct  any  electric  current,  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  less  than  five  dollars  nor  more  than  twenty  dollars. 

134.  Must  keep  competent  employe  readily  accessible.) 

Each  person,  firm  or  company  who  may  own,  control  or  operate 
any  appliance  for  the  generation  of  electrical  current,  said 
current  to  be  used  for  the  purpose  of  producing  light,  heat  or 
mechanical  energy,  and  to  which  said  apparatus  may  be  attached 
any  wire,  cable  or  other  apparatus,  said  wire,  cable  or  other 
apparatus  to  be  used  for  the  purpose  of  conveying,  conducting 
or  using  electric  current,  and  said  wire,  cable  or  apparatus  oc- 
cupying any  portion  of  any  street  or  alley  of  the  city,  then  said 
person,  firm  or  company  must  keep  constantly  in  their  employ, 
at  all  times  some  competent  man  or  men  who  must  be  readily 
accessible  to  the  city  electrician,  fire  marshal  or  chief  of  police, 
or  the  immediate  subordinate  of  either,  and  said  man  or  men 
must  respond  quickly  to  all  requests  made  by  any  of  the  city 
officials  above  named  made  upon  said  man  or  men,  for  the  pur- 
pose of  rectifying  any  defects  in  any  wire,  cable  or  apparatus 
which  is  the  property  of  or  under  the  control  of  the  person,  firm 
or  company  in  whose  employ  the  said  man  or  men  may  be.  And 
any  person,  firm  or  company  failing  to  comply  with  the  provi- 
sions of  this  section  shall  be  deemed  guilty  of  a misdemeanor 
and  upon  conviction  thereof  must  pay  a fine  of  not  less  than 
five  dollars  and  not  more  than  twenty  dollars,  for  each  day  dur- 
ing which  said  person,  firm  or  company  shall  fail  to  comply 
with  the  provisions  of  this  section.  [Passed  January  6,  1896. 

135.  Books  of  electrician — how  kept — by  whom  examined, 

etc.]  The  city  electrician  shall,  under  the  direction  of  the  comp- 
troller, open  and  keep,  in  a neat  and  methodical  manner,  a book 
or  set  of  books,  showing  the  records  of  all  inspections  and  of 
all  moneys  received;  said  book  or  books  shall  be- subject  to  ex- 
amination by  the  mayor,  the  members  of  the  city  council,  or  any 
committee  thereof.  He  shall  also  keep  a record  of  all  lamps 
used  for  public  lighting,  which  fail  to  burn  during  the  hours 
prescribed  for  such  lamps  to  be  lighted,  and  it  shall  be  the  duty 
of  all  police  officers,  when  discovering  a street  lamp  not  burn- 
ing, to  report  at  once  at  police  headquarters,  where  record  of 


CITY  ELECTRICIAN. 


373 


said  report  shall  be  kept  in  a proper  book  provided  for  this  pur- 
pose, giving  location  of  lamp,  day  and  hour,  which  book  shall 
be  accessible  to  all  persons  at  all  times.  When  such  report  is 
received  it  shall  be  the  duty  of  the  proper  officer  at  police  head- 
quarters to  report  the  same  immediately  to  the  light  station, 
it  then  shall  be  the  duty  of  the  officers  of  the  light  station  to 
correct  the  difficulty  at  once  and  report  to  police  headquarters 
the  time  such  correction  is  made,  which  time  shall  be  recorded 
in  the  proper  book,  showing  location  of  lamp,  date  and  actual 
time  each  lamp  is  out.  From  this  data  it  shall  be  the  duty  of 
the  city  electrician  to  make  a report  to  the  city  council.  [As 
amended  January  6,  1896. 

136.  Regulations,  etc.,  subject  to  approval — inspectors’  fees, 
etc.]  All  regulations  made,  and  material  and  apparatus  con- 
demned or  approved  by  the  city  electrician  under  this  ordinance, 
may  be  subject  to  revision  and  approval  by  the  mayor  and  street 
lighting  committee. 

The  city  electrician  may  collect  inspection  fees  as  follows: 

For  arc  light  circuit,  thirty-five  cents  per  horse  power;  an 
arc  lamp  may  be  regarded  as  using  one  horse  power. 

For  incandescent  primary  alternating  multiple  circuits,  con- 
verting station  apparatus,  etc.,  at  the  rate  of  fifty  cents  per 
horse  power. 

The  equivalent  of  12-16  candle  lamps  in  the  secondary  cir- 
cuits will  be  deemed  one  horse  power. 

For  incandescent  secondary  alternating  multiple  circuits  at 
the  rate  of  one  dollar  per  horse  power,  12-16  candle  lamps  will 
be  deemed  one  horse  power. 

For  incandescent  continuous  consumers’  circuit  at  the  rate 
of  one  dollar  per  horse  power,  12-16  candle  lamps  will  be  deemed 
one  horse  power. 

For  electric  railroads  outdoor  construction  at  the  rate  of  two 
dollars  per  mile  of  track. 

For  electric  railroad  power  station  apparatus,  thirty-five  cents 
per  rated  horse  power  of  generators. 

For  car  sheds,  shops,  offices,  fifty  cents  per  horse  power,  12-16 
candle  lamps  will  be  deemed  one  horse  power. 

For  motor  cars,  seventy-five  cents. 


GENERAL  ORDINANCES  OF  CITY. 


374 


For  power  motor  connections,  fifty  cents  per  rated  horse 
power. 

All  fees  collected  under  this  ordinance  shall  be  paid  to  the 
city  treasurer. 

137.  Violations — penalty  for.]  Any  person  or  persons  who 

shall  use  any  electric  lamps  or  power  motors  in  violation  of  this 
ordinance,  shall  be  subject  to  a penalty  of  not  less  than  twenty- 
five  dollars  nor  exceeding  one  hundred  dollars,  and  to  a like 
penalty  for  each  day  during  which  they  shall  continue  such 
violation. 

138.  Failure  to  comply  with  requirements  of  ordinance — 
penalty  for.]  Any  telegraph,  telephone,  electric  light  or  power, 
company  or  any  person  or  persons  violating  the  provisions  of 
this  ordinance,  or  failing  to  comply  with  the  requirements  of 
the  same,  shall  be  subject  to  a penalty  of  not  less  than  twenty- 
five  dollars,  nor  more  than  two  hundred  dollars,  and  to  a like 
penalty  for  each  day  during  which  such  violation  or  failure 
shall  continue.  [Passed  November  2,  1891. 

139.  City  electrician  to  have  general  supervision  over  all 
electric  wires  in  city.]  The  city  electrician  of  the  city  of 
Springfield  shall  have  general  supervision  over,  and  he  is  hereby 
authorized,  empowered  and  directed  to  regulate  and  determine 
the  placing,  stringing  and  attaching  of  all  telegraph,  telephone 
or  electric  light  or  power  wires  in  said  city  so  as  to  prevent 
fires,  or  accident  or  injury  to  person  or  property,  and  to  cause 
all  such  wires  and  all  electrical  appliances  to  be  so  placed,  con- 
structed and  guarded  as  not  to  cause  fires  or  accidents,  or  en- 
danger life  or  property,  and  whenever  in  the  judgment  of  said 
city  electrician  any  wires  shall  be  defective  by  reason  of  im- 
proper or  insufficient  insulation,  or  for  any  other  cause,  the 
said  city  electrician  shall  at  once  notify  the  owner  thereof  of 
such  defect  and  order  him  to  repair  or  remove  the  same,  and 
upon  the  owners  failure  or  refusal  so  to  do  within  a reasonable 
time,  the  said  electrician  shall  cause  the  repair  or  removal  of 
the  same,  and  the  expense  thereof  may  be  recovered  by  the  city 
in  an  action  against  the  person,  firm  or  company  owning  such 
wires. 

140.  To  make  thorough  inspection  of  electric  wires,  etc.] 

The  said  city  electrician  shall  make  a thorough  inspection  of 


CITY  ELECTRICIAN. 


375 


all  electric  wires  and  appliances  within  the  city  of  Springfield 
at  least  twice  in  each  year,  and  where  wires  or  appliances  are 
in  a dangerous  or  unsafe  condition,  he  shall  notify  the  person, 
firm  or  company,  owning,  using  or  operating  them,  to  place 
them  in  a safe  and  secure  condition.  Any  person,  firm  or  com- 
pany, failing  or  refusing  within  a reasonable  time  to  make  the 
necessary  repairs  or  changes,  and  have  such  work  completed 
within  ten  days  after  the  receipt  of  said  notice,  shall  be  subject 
to  a penalty  of  five  dollars  for  each  and  every  day  which  shall 
elapse  until  said  wires  or  appliances  are  repaired,  removed  or 
changed,  as  directed  by  said  city  electrician. 

141.  To  direct  placing  and  stringing  of  wires,  etc.]  It 

shall  be  the  duty  of  said  city  electrician  to  so  direct  the  placing, 
stringing  and  attaching  of  wires  upon  poles  erected  in  the 
streets  and  alleys  of  said  city  that  the  same  shall  cause  as  little 
obstruction,  either  to  travel  in  the  streets  or  to  the  use  and.  en- 
joyment of  private  property,  as  possible;  to  compel  the  joint 
use  of  poles  carrying  currents  for  light,  heat  or  power  service 
wherever  practicable,  and  in  case  the  joint  users  of  any  such 
poles  are  unable  to  agree  on  the  rental  to  be  paid  the  owners  of 
such  poles  for  their  use,  the  city  electrician  and  board  of  public 
works,  shall  fix  such  rates,  which  shall  be  binding  upon  the 
parties  and  companies  interested;  provided,  that  either  party 
may  appeal  from  the  decision  of  such  electrician  and  board,  as 
to  the  amount  of  rental  to  be  paid  for  the  use  of  such  poles  for 
the  privilege  of  attaching  wires  thereto,  to  the  common  council 
of  the  city  of  Springfield. 

142.  To  supervise  changes  and  alterations  and  to  inspect 
same.]  No  alteration  or  change  shall  be  made  in  the  wiring 
of  any  building,  nor  shall  any  building  be  wired  for  the  placing 
of  electric  lights,  motors  or  heating  devices,  without  first  secur- 
ing from  the  said  city  electrician  or  competent  person  delegated 
by  him  a permit  therefor,  nor  shall  any  change  be  made  in  any 
electric  plant  after  inspection,  without  notifying  the  said  city 
electrician  or  person  delegated  by  him,  and  securing  a permit 
therefor.  TTpon  completion  of  the  wiring  of  any  building,  or 
the  completion  of  any  outside  construction  work,  it  shall  be  the 
duty  of  the  said  city  electrician,  or  competent  person  delegated 
by  him,  who  shall  at  once  inspect  the  same,  and  if  approved  by 


370  GENERAL  ORDINANCES  OF  CITY. 

him  shall  issue  a certificate  of  satisfactory  inspection,  which 
shall  contain  the  date  of  such  inspection  and  an  outline  of  the 
result  of  such  inspection  and  examination;  but  no  certificate 
shall  be  issued  unless  the  electric  light,  power  or  heating  in- 
stallation and  all  apparatus,  etc.,  connected  with  it,  shall  be  in 
strict  conformity  with  the  rules  and  regulations  hereinafter  set 
forth,  nor  shall  current  be  turned  on  until  said  certificate  is 
issued. 

143.  Construction,  materials  and  appliances  to  conform  with 
regulations.]  All  electric  construction,  all  material  and  all 
appliances,  used  in  connection  with  electrical  work,  and  the 
operation  of  all  electrical  apparatus,  shall  be  in  conformity  with 
the  rules  and  regulations  set  down  in  what  is  known  as  the 
“National  code  of  rules  of  the  National  Board  of  Fire  under- 
writers for  the  installation  of  wiring  and  apparatus  for  electric 
light  and  power,”  as  the  same  are  now  established,  and  the  said 
rules  and  regulations  are  hereby  adopted  and  approved. 

144.  License  for  wiring,  etc.,  to  be  procured.]  All  com- 
panies, firms,  corporations  or  individuals,  doing  wiring  for  and 
installing  arc  lights,  motors,  electric  heaters,  incandescent  lights, 
gas  lighting,  house  annunciators,  burglar  alarms  or  other  elec- 
tric signal  systems,  shall  procure  annually  a license  from  the 
cit}'  clerk  or  other  authorized  officer  by  law  or  ordinance  to  issue 
licenses,  upon  the  payment  of  five  dollars ; provided,  that  before 
such  license  shall  be  issued  said  company,  firm,  corporation  or 
individual,  shall  give  bond  to  the  city  in  the  sum  of  one  thou- 
sand dollars,  with  two  or  more  securities  conditioned  upon  the 
faithful  performance  of  all  requirements  under  the  provision 
of  this  ordinance;  said  bond  to  be  approved  by  the  mayor  and 
filed  with  the  city  clerk,  and  before  a license  shall  be  issued  said 
person,  firm,  or  corporation,  must  satisfy  the  mayor,  through 
the  city  electrician,  that  said  person,  firm,  or  corporation  are 
severally  skilled  in  electrical  work,  or  have  in  their  constant 
employ  a person  or  persons  skilled  in  electrical  work.  [As 
amended  July  3,  1899. 

145.  Violations — penalty  for.]  Any  person,  firm  or  com- 
pany, -who  shall  violate  any  of  the  provisions  of  this  ordinance 
or  shall  fail,  neglect  or  refuse  to  comply  with  the  provisions  and 


CITY  ELECTRICIAN. 


377 


rules  of  this  ordinance,  or  who  shall  fail,  neglect  or  refuse  to 
comply  with  any  order  or  request  of  the  said  city  electrician,  or 
competent  person  delegated  by  him  in  pursuance  of  and  by 
• the  authority  of  any  of  the  provisions  of  this  ordinance  or  the 
rules  therein  contained,  shall  be  guilty  of  a misdemeanor,  and 
upon  conviction  thereof  shall  be  subject  to  a fine  of  not  less 
than  ten  dollars  and  not  more  than  one  hundred  dollars,  or 
be  imprisoned  not  more  than  ninety  days.  [Passed  August 
3,  1896. 


GENERAL  ORDJ NANCES  OF  CITY. 


378 


CHAPTER  V. 

LAW  DEPARTMENT. 

Article  I. 

THE  CITY  ATTORNEY. 

146.  Law  department — how  composed.]  There  is  hereby 
established  a department  of  the  municipal  government  of  the 
city  of  Springfield,  which  shall  be  known  as  the  “Law  Depart- 
ment,” and  shall  include  the  city  attorney,  and  such  assistant 
counsel  as  the  comptroller  and  mayor  may,  from  time  to  time, 
deem  necessary  to  employ. 

147.  Attorney — bond.]  The  city  attorney  shall,  before 

entering  upon  the  duties  of  his  office,  execute  and  file  a bond 
to  the  city  of  Springfield  inThe  penal  sum  of  twenty-five  hun- 
dred dollars,  with  such  sureties  as  the  city- council  shall  ap- 
prove, conditioned  for  the  faithful  performance  of  the  duties 
of  said  office. 

148.  Shall  prosecute  and  defend  all  cases — clerk  to  furnish 
copies  of  papers,  etc.]  Said  attorney  shall  prosecute  or  defend, 
on  behalf  of  the  city,  in  all  cases  in  which  the  interests  of  the 
corporation  or  any  officer  thereof  are  involved;  and  the  city 
clerk  shall  furnish  him  with  certified  copies  of  any  ordinance, 
bond  or  other  papers,  in  his  keeping,  necessary  to  be  filed  or 
used  in  any  suit  or  proceeding. 

149.  Shall  advise  on  all  matters  of  law.]  He  shall,  when 

required,  advise  the  cit}r  council  or  any  city  officer  in  all  matters 
of  law  in  which  the  interests  of  the  corporation  are  involved, 
and  he  shall  draw  such  ordinances,  bonds  and  contracts,  or 
examine  and  approve  the  same,  as  may  be  required  of  him  by 
the  mayor,  the  city  council,  or  any  committee  thereof. 

150.  Cause  executions  to  issue — examine  fee  bills,  etc.] 

He  shall  cause  executions  to  be  issued  upon  all  judgments  re- 


THE  CITY  ATTORNEY. 


379 


covered  in  favor  of  said  city,  and  see  to  their  prompt  collection, 
lie  shall  examine  all  fee  bills  of  officers  of  courts  and  others, 
and  certify  to  the  correctness  of  the  same,  and  the  liability  of 
the  city  therefor. 

151.  Shall  prosecute  all  violations  of  ordinances.]  He  is 

hereby  charged  with  the  prosecution  of  all  actions  for  violations 
of  the  ordinances  of  the  city  council,  and  with  the  conducting 
of  all  proceedings  in  justices’  courts,  or  on  appeal  therefrom. 
He  shall  institute  and  prosecute  an  action  in  every  case  where 
there  has  been  a violation  of  a city  ordinance,  when  instructed 
to  do  so  by  the  mayor,  the  city  council,  or  the  chief  officer  of 
any  department  of  the  city  government;  or  upon  the  complaint 
of  any  other  person,  when,  in  his  judgment,  the  public  interest 
shall  require  that  the  same  be  prosecuted. 

152.  Shall  not  prosecute  malicious  complaints.]  He  shall 
not  be  required  to  prosecute  any  suit  or  action  arising  under 
the  ordinances  of  the  city,  when,  upon  investigation  of  the 
same,  he  shall  become  satisfied  that  the  complaint  was  instituted 
maliciously  or  vexatiously,  and  without  probable  cause;  and 
he  shall  be  authorized  to  discontinue  any  such  suit  or  proceed- 
ing upon  such  terms  as  to  him  may  seem  just  and  equitable. 

153.  May  appeal  from  justices'  courts.]  An  appeal  may  be 
taken  by  the  city  attorney  from  the  judgment  of  any  police 
magistrate  or  justice  of  the  peace,  to  the  county  or  circuit  court 
of  Sangamon  county,  in  any  case  where  such  judgment  has 
been  given  against  the  city,  when,  in  his  opinion,  the  public 
interest  may  require  it;  but  no  appeal  or  writ  of  error  shall 
be  taken  by  said  attorney,  on  behalf  of  the  corporation,  to  any 
higher  court,  unless  the  same  shall  be  authorized  by  the  mayor 
and  comptroller,  or  directed  by  the  city  council. 

154.  Shall  make  detailed  annual  report  to  council.]  Said 
attorney  shall,  annually,  on  or  before  the  first  Monday  in 
April  of  each  year,  report,  in  writing,  to  the  city  council,  a 
detailed  statement  of  all  suits  instituted  and  pending  in  the 
courts  of  record,  wherein  the  city  of  Springfield  is  plaintiff  or 
defendant.  In  said  report  he  shall  state  the  names  of  the  par- 
ties to  the  suits,  the  date  of  their  commencement,  the  nature 
thereof,  and  the  several  steps  taken  by  him  to  bring  the  same 
to  final  issue;  and’  he  shall  also  give  a list  of  all  cases  disposed 


380 


GENERAL  ORDINANCES  OF  CITY. 


of  during  his  terra  of  office,  and  subsequent  to  his  last  report, 
with  such  explanatory  remarks  as  he  may  think  proper  to  add 
thereto — to  the  end  that  the  council  may  be  kept  fully  advised 
as  to  the  legal  affairs  of  the  city. 

155.  Shall  keep  register  of  opinions  given  city — shall  turn 
over  all  papers,  etc.,  to  successor.]  It  shall  be  the  duty  of  said 

attorney  to  keep,  in  a suitable  book,  to  be  provided  by  the  city 
for  that  purpose,  a record  of  all  written  opinions  given  or  fur- 
nished by  him  to  said  city;  and  he  shall  also  keep  a register 
of  all  actions  in  courts  of  record,  prosecuted  or  defended  by 
him,  in  which  the  city  was  a party,  and  of  the  various  proceed- 
ings in  connection  therewith.  Upon  the  expiration  of  his  term 
of  office,  he  shall,  on  demand,  deliver  to  his  successor  in  office, 
the  said  book  and  register,  together  with  all  contracts,  bonds 
or  other  papers,  in  his  possession,  belonging  to  the  city,  or  ap- 
pertaining to  said  office. 

156.  May  appoint  an  attorney  to  act  in  his  absence.]  In 

case  of  the  temporary  absence  or  inability  of  the  city  attorney 
to  attend  to  the  duties  of  his  office,  he  may,  with  the  approval 
of  the  mayor,  and  at  his  own  expense,  appoint  or  employ  some 
competent  attorney  to  act  in  his  place. 

157.  Office — where  kept.]  Said  attorney  shall  keep  his 
office  at  the  city  hall,  or  at  such  other  convenient  place  us  the 
city  council  may  provide,  and  it  shall  be  his  duty  to  attend 
there  during  usual  office  hours,  when  not  otherwise  engaged, 
for  the  transaction  of  the  business  pertaining  to  his  office. 


TIIE  SUPERINTENDENT  OF  POLICE. 


381 


CHAPTER  VI. 

THE  POLICE  DEPARTMENT. 

Article  I.  The  Superintendent  of  Police. 

II.  The  Sergeant  and  Police  Patrolmen. 

III.  Special  Provisions. 

IV.  Proceedings  to  Recover  Fines  and  Penalties,  etc. 

V.  The  City  Prison  and  Keeper. 

VI.  Working  Prisoners  on  Streets. 

Article  I. 

THE  SUPERINTENDENT  OF  POLICE. 

158.  Police  department — of  whom  to  consist.]  There  is 

hereby  established  an  executive  department  of  the  municipal 
government  of  the  city  of  Springfield,  which  shall  be  known  as 
the  “Police  Department,”  and  shall  embrace  one  superintendent 
of  police,  three  sergeants  of  police,  one  keeper  of  the  city  prison, 
two  patrol  wagon  drivers,  three  operators,  one  license  collector 
and  thirty-eight  police  patrolmen,  and  such  other  number  of 
patrolmen,  as  may  hereafter,  from  time  to  time,  be  fixed  by  the 
city  council.  [As  amended  February  24,  1902,  and  July  28, 
1902. 

159.  Superintendent — term  of  office.]  The  superintendent 
of  police  of  said  city  shall  be  the  chief  of  the  police  department, 
and  shall  hold  his  office  for  the  term  of  one  year,  and  until  his 
successor  shall  be  appointed  and  qualified. 

160.  When  and  how  appointed.]  The  superintendent  of 
police  shall  be  appointed  by  the  mayor,  by  and  with  the  advice 
and  consent  of  the  city  council,  on  the  first  Monday  in  May, 
1884,  or  as  soon  thereafter  as  practicable,  and  annually  there- 
after. 

161.  Oath— bond.]  He  shall,  before  entering  upon  the 
duties  of  his  office,  take  and  sign  the  oath  prescribed  by  law 
for  city  officers,  and  shall  execute  a bond  to  the  city  of  Spring- 
field  in  the  penal  sum  of  five  thousand  dollars,  with  such  sure- 
ties as  the  city  council  shall  approve,  conditioned  for  the  faith- 


GENERAL  ORDINANCES  OF  CITY. 


:382 


ful  performance  of  the  duties  of  his  office,  and  the  payment 
of  all  moneys  that  may  be  received  by  him,  according  to  law 
and  the  ordinances  of  said  city. 

162.  Management  and  control.]  He  shall,  in  subordination 
to  the  mayor,  have  the  full  management  and  control  of  the 
police  department,  and  all  regulations  and  orders  thereof  shall 
be  promulgated  through  him.  All  subordinate  officers  and 
members  of  said  department  shall  be  subject  to  such  rules  and 
regulations  as  shall,  from  time  to  time,  be  prescribed  by  said 
superintendent,  with  the  concurrence  of  the  mayor  and  com- 
mittee on  police. 

163.  Duties.]  lie  shall  devote  his  entire  time  to  the  dis- 
charge of  the  duties  of  his  office,  and  shall  be  charged  with  the 
preservation  of  the  peace,  order,  safety  and  cleanliness  of  the 
city,  and  with  the  duty  of  protecting  the  rights  of  persons  and 
property,  and  of  enforcing  all  ordinances  and  orders  of  the 
city  council. 

164.  Shall  abate  nuisances,  etc.]  He  shall  take  notice  of 
all  nuisances,  obstructions  and  defects  in  the  streets  and  alleys, 
or  other  public  places  of  the  city,  and  shall  cause  the  same  to 
be  abated  or  removed,  or  immediate  notice  thereof  given  to  the 
proper  officer  whose  duty  it  may  be  to  take  action  in  relation 
thereto. 

165.  Shall  report  to  mayor  or  police  committee  neglect,  dis- 
obedience, etc.]  It  shall  be  the  duty  of  the  superintendent  of 
police,  to  promptly  report  to  the  mayor  or  chairman  of  the 
police  committee,  any  member  of  the  police  force,  who  may  be 
guilty  of  drunkenness,  neglect  of  duty,  disobedience  of  orders, 
or  violation  of  the  standing  rules  and  regulations  of  the  police 
department;  and  during  the  pending  of  formal  charges  against 
any  police  officer  or  patrolman  on  the  force,  said  superintendent 
may  suspend  such  officer  or  patrolman  from  duty,  until  such 
charges  can  be  investigated. 

166.  Shall  attend  all  meetings  of  council — execute  warrants, 
etc.]  He  shall  attend,  either  in  person  or  by  deputy,  all  meet- 
ings of  the  city  council,  execute  all  its  orders  and  close  the 
council  chamber  upon  the  adjournment  of  that  body.  He  shall 
also  execute  all  warrants  or  other  legal  process,  required  to  be 
executed  b}'  him  under  any  ordinance  of  the  city. 


THE  PATROLMEN. 


383 


167.  Shall  keep  record  of  arrests  and  offenses.]  Said  super- 
intendent shall  keep  or  cause  to  be  kept  books  of  record  of  the 
police  department,  and  of  all  persons  arrested  or  committed 
by  the  police,  showing  the  time  and  place  of  each  arrest,  the 
offense  for  which  the  same  was  made,  the  magistrate  or  court 
before  whom  such  person  was  tried,  and  the  disposition  of  each 
case. 

168.  To  make  monthly  report,  etc.]  He  shall,  on  the  first 
Monday  in  each  month,  make  a written  report  to  the  city  coun- 
cil, showing  the  number  of  arrests  made  by  the  police  force 
during  the  preceding  month,  the  name  of  each  person  arrested, 
tne  policeman  making  the  arrest,  the  offense  charged,  the  magis- 
trate before  whom  tried,  the  disposition  of  the  case,  the  amount 
of  fine  imposed,  if  any,  and  the  amount  of  such  fine  collected. 

169.  Custodian  of  books,  records,  property,  etc.]  Said  su- 
perintendent shall  have  the  care,  custody  and  control  of  all 
books,  records,  equipments  and  other  property  belonging  to  the 
police  department,  and  of  all  stolen  goods  seized  and  retained 
by  police  authority.  Upon  the  expiration  of  his  term  of  office, 
or  his  resignation  or  removal  therefrom,  he  shall,  on  demand, 
surrender  to  his  successor  in  office,  all  books,  records,  equip- 
ments and  property,  of  every  description,  in  his  possession,  be- 
longing to  the  city,  or  appertaining  to  his  said  office. 

Article  II. 

THE  SERGEANT  AND  POLICE  PATROLMEN. 

170.  Sergeant — term  of  office.]  There  is  hereby  created 
the  office  of  sergeant  of  police  of  the  city.  The  term  of  said 
office  shall  be  for  one  year,  and  until  his  successor  is  appointed 
and  qualified. 

171.  When  and  how  appointed.]  The  sergeant  of  police 
shall  be  appointed  by  the  mayor,  by  and  with  the  advice  and 
consent  of  the  city  council,  on  the  first  Monday  in  May,  1884, 
or  as  soon  thereafter  as  may  be,  and  annually  thereafter. 

172.  Oath — bond.]  The  sergeant  shall,  before  entering 
upon  the  duties  of  his  office,  take  the  oath  prescribed  by  law 
for  city  offices,  and  execute  a bond  to  the  city  of  Springfield 


■ 384 


GENERAL  ORDINANCES  OF  CITY. 


in  the  penal  sum  of  two  thousand  dollars,  with  sureties  to  be 
approved  by  the  city  council,  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office. 

173.  Shall  be  secretary  of  department.]  He  shall  be  the 
secretary  of  the  police  department,  and  shall,  under  the  direc- 
tion of  the  superintendent,  keep  the  books,  records  and  accounts 
of  said  department;  and  he  shall  perform  such  other  and  further 
duties  as  may  be  required  of  him  by  the  mayor,  the  superin- 
tendent of  police,  or  by  the  rules  and  regulations  of  the  police 
department. 

174.  When  to  act  as  superintendent.]  Said  sergeant  shall, 
in  case  of  the  temporary  absence  or  disability  of  the  superintend- 
ent, possess  the  powers  and  exercise  the  duties  of  the  superin- 
tendent of  police. 

175.  Patrolmen — term  of  office — when  and  how  appointed.] 

The  police  patrolmen  and  patrol  wagon  drivers  shall  severally 
hold  their  offices  for  the  term  of  one  year,  or  until  their  succes- 
sors shall  be  appointed  and  qualified.  They  shall  be  appointed 
by  the  mayor,  by  and  with  the  advice  and  consent  of  the  city 
council,  on  the  first  Monday  in  May,  1884,  or  as  soon  thereafter 
as  may  be,  and  annually  thereafter. 

176.  Oath — bond.]  Each  police  patrolman  shall,  before  he 

enters  upon  the  duties  of  his  office,  take  and  subscribe  the  oath 
provided  by  law  for  city  officers,  and  shall  give  a bond  to  the 
city  of  Springfield  in  the  penal  sum  of  one  thousand  dollars, 
with  such  sureties  as  the  city  council  shall  approve,  conditioned 
for  the  faithful  performance  of  the  duties  of  the  office. 

177.  Day — night — detail  for  special  duty.]  The  mayor 

shall  designate  one-third  of  the  number  of  police  patrolmen,  so 
appointed  and  qualified,  to  act  as  day  policemen,  and  the  re- 
maining two-thirds  to  act  as  night  policemen.  He  may,  when 
necessary,  detail  any  police  officer  for  the  discharge  of  any  special 
police  duty,  and  may  also  require  all  policemen  to  perform  police 
duty  at  any  time  of  the  day  or  night. 

178.  Special  patrolmen — how  appointed.]  The  mayor  may, 
on  special  occasions,  when  in  his  judgment  the  public  peace 
and  order  of  the  city  shall  so  require,  appoint  and  commission 


THE  PATliOLMEN. 


385 


such  number  of  special  patrolmen  as  may  be  necessary,  and  shall 
fix  the  time  in  the  order  of  their  appointment,  during  which 
they  shall  serve,  and  such  special  patrolmen  shall  possess  the 
powers  and  exercise  the  duties  of  regular  police  patrolmen: 
Provided,  that  their  appointment  shall  be  subject  to  the  consent 
of  the  city  council,  as  in  the  case  of  members  of  the  standing 
police  force. 

179.  Rules  and  regulations  to  be  observed.]  The  several 
members  of  the  police  force,  when  on  duty,  shall  devote  their 
entire  time  to  the  proper  discharge  of  the  duties  of  their  stations, 
according  to  the  laws  and  ordinances  of  the  city,  and  the  rules 
and  regulations  of  the  police  department;  and  it  shall  be  their 
especial  duty  to  preserve  order,  peace  and  quiet,  and  to  enforce 
the  ordinances  throughout  the  city. 

180.  May  arrest  without  process.]  They  shall  have  power 
to  arrest,  with  or  without  process,  all  persons  within  the  city 
who  shall,  break  the  peace,  or  be  found  violating  any  ordinance 
of  the  city,  or  any  criminal  law  of  this  State,  to  commit  for 
examination,  and,  if  necessary,  to  detain  such  persons  over  night 
or  Sunday  in  the  city  prison,  or  other  secure  place,  until  they 
can  be  brought  before  the  proper  magistrate  or  court  for  trial. 

181.  Power  within  the  limits  to  execute,  etc.]  They  shall 
have  the  power  and  authority,  within  the  corporate  limits  of  said 
city,  to  serve  and  execute  warrants  or  other  legal  process  for  the 
apprehension  and  commitment  of  persons  charged  with,  or  held 
for,  the  commission  of  any  crime  or  misdeameanor,  or  the  viola- 
tion of  any  law  or  ordinance  of  said  city,  and  while  serving 
or  executing,  or  assisting  in  the  service  or  execution  of  any  such 
warrant  or  legal  process,  they  shall  be  vested  with  all  the  common 
law  and  statutory  power  of  constables  for  such'  purposes. 

182.  Powers  outside  limits  of  city.]  They  shall  also  have 
power  and  authority  to  execute  city  warrants,  or  other  like  legal 
process,  without  the  corporate  limits  of  the  city,  and  within 
such  distance  therefrom  as  is  authorized  by  law,  in  all  cases 
when  any  ordinance  of  the  city  council,  .made  pursuant  to  law, 
shall  prescribe  a penalty  for  the  violation  of  any  of  its  provi- 
sions by  persons  residing,  acting  or  doing  business  without  the 
limits  of  said  city. 


GENERAL  ORDINANCES  OF  CITY. 


386 

183.  May  call  for  assistance — penalty  for  refusal.]  Any 

police  ofTicer  of  the  city  may,  at  any  time,  call  upon  any  able- 
bodied  male  person,  above  the  age  of  eighteen  years,  to  aid 
him  in  the  arresting,  re-taking  or  holding  in  custody,  of  any 
person  guilty  of  having  committed  any  unlawful  act,  or  charged 
therewith,  or  to  aid  such  officer  in  preventing  the  commission 
of  any  unlawful  act ; and  whoever  shall  neglect  or  refuse  to  give 
such  aid  or  assistance,  when  so  required,  shall  incur  a penalty 
of  not  less  than  three  dollars  nor  more  than  twenty-five  dollars, 
for  each  offense. 

184.  Shall  aid  fire  department.]  It  shall  be  the  duty  of  the 

members  of  the  police  force  to  aid  the  fire  department  by  giving 
alarms  in  case  of  fire,  and  in  clearing  the  streets  or  grounds 
in  the  immediate  vicinity  of  any  fire,  so  that  the  firemen  shall 
not  be  hindered  or  obstructed  in  the  performance  of  their  duties. 

185.  Penalty  for  non-performance  of  duty.]  Any  member 
of  the  police  department  who  shall  neglect  or  refuse  to  perform 
any  duty  required  of  him  by  the  ordinances  of  the  city,  or  the 
rules  and  regulations  of  said  department,  or  who  shall,  in  the 
discharge  of  his  official  duties,  be  guilty  of  any  fraud,  favoritism, 
extortion,  oppression,  or  willful  wrong  or  injustice,  shall,  in 
each  case,  be  subject  to  a fine  of  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars,  and  shall  also  be  subject  to 
removal  from  office. 

186.  Resisting,  obstructing  or  assisting  to  escape — penalty.] 

Whoever,  in  this  city,  shall  resist  or  obstruct  any  member  of 
the  police  force  in  the  discharge  of  his  duty,  or  shall  in  any 
way  hinder  or  prevent  him  from  the  discharge  of  his  duty,  or 
shall  endeavor  to  do  so ; and  whoever  shall,  in  any  manner,  assist 
any  person  in  the  custody  of  any  member  of  the  police  force 
to  escape,  or  attempt  to  escape,  from  such  custody,  or  shall  at- 
tempt to  rescue  any  person  in  custody,  shall  be  fined  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

187.  Impersonating  an  officer — penalty.]  Any  person  who 

shall  falsely  represent  any  of  the  members  of  the  police  depart- 
ment of  this  city,  or  shall  maliciously,  or  with  intent  to  deceive, 
use  or  imitate  any  of  the  signs,  signals  or  devices  used  by  said 


THE  PATROLMEN. 


387 


department,  or  who,  not  being  a police  officer,  shall  wear  in 
public  the  police  uniform,  shall  be  subject  to  a fine  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  in  each 
case. 

188.  Draymen,  hackmen,  etc.,  at  depots,  etc.,  to  obey — 
penalty.]  Draymen,  hackmen,  omnibus  drivers,  baggagemen, 
runners,  porters,  and  other  such  persons,  when  at  or  about  any 
railroad  depot  or  other  public  place  in  the  city,  shall  obey  the 
demands  of  the  police  officer  or  officers  who  may  be  stationed 
or  doing  duty  at  or  about  such  depots,  or  other  public  places, 
for  the  preservation  of  order  and  enforcing  the  ordinances. 
Whoever  shall  refuse  to  obey  the  lawful  commands  or  directions 
of  any  police  officer  as  aforesaid  shall  be  liable  to  a fine  of  three 
dollars. 

189.  Patrol  drivers’  duties.]  Patrol  wagon  drivers  shall  be 
commissioned  and  give  bond  in  like  manner  as  regular  police 
patrolmen  and  shall  have  the  same  police  powers  and  they  shall 
perform  such  duties  as  shall  be  required  of  them  by  the  super- 
intendent of  police. 

190.  Shall  wear  uniforms  and  badges.]  The  several  mem- 
bers of  the  police  force  shall  wear  a uniform,  which  shall  con- 
sist of  a blue  frock  coat,  with  brass  buttons,  blue  vest  and  pants, 
a black  hat  or  cap,  and  a metal  star  or  badge ; all  to  be  of  such 
material  and  pattern  as  may  be  prescribed  by  the  committee 
on  police.  Said  uniform  to  be  furnished  by  each  member  of 
the  force,  at  his  own  expense,  except  the  hat  or  cap  and  star: 
Provided , that  from  the  first  of  June  to  the  first  of  October, 
in  each  year,  they  may  wear  a blue  sack  coat  or  blouse  instead 
of  the  frock  coat,  and  a light  felt  hat,  stiff-rimmed,  to  be  known 
as  the  “regulation  hat.” 

191.  City  to  supply  badges  and  rules  and  regulations.] 

Each  police  officer  or  patrolman  shall,  upon  his  appointment, 
be  supplied  by  the  city  with  a badge,  and  a copy  of  the  rules 
and  regulations  established  for  the  government  of  the  police 
department. 

192.  Shall  deliver  star,  badge  and  billy  to  superintendent.] 

Upon  the  expiration  of  the  term  of  office  of  the  sergeant  or  any 
police  patrolman,  or  his  resignation  or  removal  from  office,  he 


388 


GENERAL  ORDINANCES  OF  CITY. 


shall  immediately  deliver  to  the  superintendent  of  police,  for 
the  use  of  the  city,  his  star  or  badge  and  billy,  and  all  papers 
and  effects,  in  his  possession,  belonging  to  the  city,  or  apper- 
taining to  his  said  office. 

193.  When  disabled  to  receive  salary.]  Any  member  of  the 

police  department  receiving  injury  or  becoming  disabled,  while 
in  the  discharge  of  his  official  duties,  so  as  to  prevent  him  from 
attending  to  the  same,  may  receive  his  usual  salary  for  the 
period  of  not  exceeding  four  months,  provided  his  disability 
shall  last  that  long.  The  fact  of  such  disability  and  its  dura- 
tion shall  be  certified  to  by  his  attending  physician,  or  such 
other  evidence  thereof  produced  as  the  mayor  or  comptroller 
may  require. 

194.  Railroad  watchman  by  request — compensation  by  com- 
pany.] Upon  application  by  any  railroad  company  having  a 
depot  in  said  city,  or  by  any  other  private  company  or  corpora- 
tion, the  mayor  may  appoint  one  or  more  watchmen,  to  con- 
tinue in  office  during  the  pleasure  of  the  mayor  and  said  com- 
pany or  companies.  Said  watchmen  shall  have  the  same  powers 
and  perform  the  same  duties  as  police  patrolmen,  at  and  about 
the  railroad  depots,  or  other  places  for  which  they  are  appointed ; 
but  no  such  watchman  shall  receive  any  salary  or  compensation 
for  his  services  other  than  that  which  may  be  paid  him  by  the 
company  at  whose  request  he  was  appointed.  Every  such  watch- 
man, before  he  enters  upon  his  duties,  shall  qualify  in  like  man- 
ner as  a police  patrolman. 

Article  IV. 

PROCEEDINGS  TO  RECOVER  FINES  AND  PENALTIES — REPORTS  OF 

MAGISTRATES. 

195.  Suits — before  whom  brought.]  All  suits  or  actions 

for  the  recovery  of  any  fine,  penalty  or  forfeiture,  arising  under 
the  laws  or  ordinances  of  the  city  of  Springfield,  where  the 
amount  sued  for,  or  in  controversy,  does  not  exceed  two  hundred 
dollars,  may  be  brought  before  any  police  magistrate  or  justice 
of  the  peace  of  or  in  the  city. 

196.  Shall  make  complaint  for  violation  of  all  ordinances.] 

When  any  violation  of  any  law  or  ordinance  of  the  city  shall 


FINES  AND  PENALTIES. 


389 


come  to  the  knowledge  of  the  superintendent  of  police,  or  to  any 
member  of  the  police  force,  he  shall,  without  delay,  make,  or 
cause  to  be  made,  the  proper  complaint  before  a police  magis- 
trate or  justice  of  the  peace,  and  the  necessary  witnesses  to  be 
subpoenaed,  or  other  evidence  procured,  for  the  successful  pros- 
ecution of  the  offender. 

197.  Action  against  incorporated  company — how  and  on 
whom  service  may  be  had.  ] When  any  action  shall  be  brought 
against  any  incorporated  company,  for  a violation  of  any  law 
or  ordinance  of  said  city,  the  police  magistrate  or  justice  of  the 
peace  before  whom  the  complaint  is  made,  shall  issue  a summons 
against  the  company,  stating  therein  the  nature  of  the  action 
or  suit,  which  summons  shall  be  returnable  forthwith,  and  may 
be  executed  by  leaving  a copy  thereof  with  the  president,  secre- 
tary, superintendent,  general  agent  or  principal  clerk  of  such 
company,  if  any  of  them  can  be  found  in  the  city,  and  if  not, 
then  by  leaving  a copy  with  any  clerk,  conductor,  paymaster, 
or  other  agent  to  be  found  within  the  city ; and  upon  the  return 
of  such  summons  duly  served,  the  magistrate  or  justice  shall 
proceed  to  hear  and  determine  the  case  in  like  manner  as  other 
cases  are  determined,  when  a warrant  is  issued  and  the  defend- 
ant arrested  and  brought  into  court. 

198.  Shall  make  affidavit  when  arrest  made  without  war- 
rant.] No  process  shall  be  necessary  where  the  person  is  legally 
arrested  without  warrant  and  brought  before  the  court  or  magis- 
trate; but  the  officer  making  such  arrest  shall,  unless  waived 
by  the  person  arrested,  make  and  file  an  affidavit,  setting  forth 
the  cause,  time  and  place  of  the  arrest,  and  a memorandum 
thereof  shall  be  entered  upon  the  docket  of  the  court. 

199.  No  cases  to  be  dismissed  for  informality.]  No  suit 
or  proceeding,  under  the  laws  or  ordinances  of  said  city,  shall 
be  dismissed  for  any  defect  or  informality  in  the  complaint, 
if  the  offense  be  substantially  alleged  therein ; and  amendments 
may  be  allowed  in  all  cases  upon  such  terms  as  the  magistrate 
or  court  shall  deem  just  and  reasonable. 

200.  Where  defendant’s  name  is  unknown.]  If  the  name 
of  any  defendant  is  unknown,  he  may  be  designated  by  any 
description  by  which  he  can  with  certainty  be  identified;  and 


390  GENERAL  ORDINANCES  OF  CITY. 

if  upon  arrest  he  shall  refuse  to  disclose  his  true  name,  he  may 
be  tried  and  convicted  by  the  designation  used  in  the  warrant. 
But  where  the  true  name  of  any  defendant  is  known  to  the 
magistrate,  or  can  be  ascertained  by  him,  it  shall  be  the  duty 
of  such  magistrate  to  place  the  same  upon  his  docket. 

201.  Continuance  granted  for  cause.]  In  all  suits  before 

police  magistrates  or  justices  of  the  peace,  arising  under  the 
laws  or  ordinances  of  the  city,  continuances  may  be  granted 
for  good  cause  shown,  upon  oath,  in  the  discretion  of  the  court ; 
but  in  any  such  case  the  defendant,  if  required,  shall  give  bond 
and  security  for  his  appearance  at  the  time  fixed  for  trial,  or 
remain  in  custody. 

202.  Persons  arrested  may  be  released  on  bond.]  Any  per- 
son who  may  be  arrested  or  in  the  custody  of  any  police  officer, 
for  a violation  of  any  ordinance  of  the  city,  may  be  released 
from  custody  or  imprisonment  by  entering  into  bond  or  recogniz- 
ance before  such  police  officer,  or  before  any  police  magistrate 
or  justice  of  the  peace  of  the  city,  in  such  reasonable  sum,  and 
with  such  surety  or  sureties  as  may  be  required  of  him,  condi- 
tioned for  his  appearance  before  the  court  named  therein,  at  the 
time  mentioned  therein,  to  answer  to  the  offense  with  which  he 
may  stand  charged,  and  not  depart  the  court  without  leave. 

203.  When  bond  forfeited — proceedings.]  When  any  per- 
son, being  arrested  or  in  custody,  and  having  given  bond  as 
aforesaid,  shall  fail  to  appear  at  the  time  and  place  when  and 
where  the  suit  is  set  for  trial,  the  magistrate  or  justice  of  the 
peace  may  proceed  with  the  hearing  of  the  cause,  and  hear  the 
testimony  on  behalf  of  the  city,  and  render  judgment  by  default 
for  such  amount  as  the  court  shall  deem  just  and  proper  under 
the  evidence  in  the  case;  and  suit  may  be  forthwith  brought 
against  the  surety  or  sureties  on  the  defendant’s  bond  for  the 
amount  of  the  penalty  thereof,  and  judgment  rendered  by  the 
court  for  the  same,  and  all  costs,  or  so  much  of  such  penalty 
as  mav  seem  just  and  equitable,  upon  consideration  of  the  facts 
and  circumstances  of  the  case. 

204.  May  try  by  jury.]  Any  person  arraigned  before  a 
police  magistrate  or  justice  of  the  peace  for  a violation  of  any 
ordinance  of  the  city,  may  have  the  case  tried  by  a jury,  if  he 


FINES  AND  PENALTIES. 


391 


or  she  shall  so  demand  before  the  trial  is  entered  upon.  The 
number,  impanneling,  and  qualifications  of  jurors  shall  be 
governed  by  the  statutes  of  this  State  in  relation  to  like  proceed- 
ings before  justices  of  the  peace. 

205.  Police  officers  as  witnesses.]  All  police  officers  making 
arrests  shall  attend  as  witnesses  before  the  police  court  or  courts, 
and  shall  procure  all  necessary  evidence  in  their  power,  and  fur- 
nish a list  of  all  witnesses  to  the  magistrate  or  the  city  attorney. 
But  no  costs  of  any  kind  shall  be  taxed  against  or  collected  of 
the  city  in  any  such  court,  and  no  city  officer  shall  be  entitled, 
to  any  witness  fees  in  any  action  for  a violation  of  any  city 
ordinance. 

206.  When  complaint  is  malicious.]  If  any  person  charged 
with  any  . offense  under  the  ordinances  of  the  city  shall,  upon 
trial  therefor,  be  acquitted,  and  it  shall  satisfactorily  appear 
to  the  court  that  the  complaint  or  prosecution  was  instituted 
maliciously  or  vexatiously,  and  without  probable  cause,  judg- 
ment may  be  rendered  against  the  complainant  or  prosecuting 
witness  for  the  costs  in  the  case,  and  execution  issued  for  the 
collection  of  the  same  out  of  his  goods  and  chattels. 

207.  Magistrates  and  justices  to  make  monthly  reports.] 

Every  police  magistrate  or  justice  of  the  peace,  * before  whom 
any  suits  may  be  brought  in  the  corporate  name  of  the  city  for 
the  recovery  of  any  fines  or  penalties,  shall  monthly,  on  the  first 
Monday  in  each  month,  report  to  the  city  council  (on  blanks 
to  be  provided  for  that  purpose  by  the  city  comptroller)  a de-  ' 
tailed  list  of  all  suits  brought  by  him  in  the  name  of  the  city, 
since  his  last  report,  with  the  disposition  made  of  each  case,  the 
amount  of  fine  imposed,  if  any,  the  name  of  the  officer  charged 
with  the  collection  of  the  same,  the  amount  collected  thereon, 
and  also  the  amount  collected  since  his  last  report  on  any  judg- 
ment for  any  fine  imposed  prior  to  such  report;  and  if  any 
police  magistrate  or  justice  of  the  peace  shall  fail  to  make  re- 
port as  herein  required  he  shall  be  liable  to  an  action  on  his 
official  bond  for  any  loss  or  damage  to  the  city,  resulting  from 
any  such  failure  or  neglect. 

208.  Magistrate  and  justice  to  pay  over — compelled  by  suit.] 

Each  police  magistrate  and  justice  of  the  peace,  or  other  such 


GENERAL  ORDI NANCES  OF  CITY. 


392 

officer,  collecting  fines,  costs  or  moneys  on  account  of  the  city, 
sliall  pay  the  same  into  the  city  treasury  on  or  before  the  first 
Monday  in  each  and  every  month.  If  any  such  magistrate  or 
justice  of  the  peace  shall  neglect  or  refuse  to  pay  over  the  amount 
of  any  fine  or  any  moneys  collected  by  him  for  the  use  of  the 
city,  as  herein  required,  legal  proceedings  may  be  commenced 
at  any  time  to  compel  such  payment;  and  it  shall  be  the  duty 
of  the  city  comptroller,  after  notice  given  and  a reasonable  time 
has  elapsed  without  payment,  to  bring  suit  in  the  name  of  the 
city,  in  some  court  of  competent  jurisdiction,  against  the  de- 
linquent officer  and  his  securities,  and  to  require  the  city  attor- 
ney to  aid  him  in  the  prosecution  thereof  to  final  judgment. 

209.  Failure  of  justice  or  magistrate  to  hold  court.]  If 
any  police  magistrate  or  justice  of  the  peace  shall  neglect  or 
refuse  to  hold  a police  court  at  any  reasonable  time,  when  so 
required,  or  shall  fail  to  pay  into  the  city  treasury  any  moneys 
collected  by  him  for  the  use  of  the  corporation,  or  to  make  his 
monthly  report  as  hereinbefore  required,  the  city  council  may 
order  all  suits  in  the  name  of  the  city,  for  the  recovery  of  any 
fine  or  penalty,  to  be  brought  before  some  other  magistrate  or 
justice  of  the  peace. 

210.  Police  or  patrolman  to  make  report  on  executions.] 

It  shall  be  the  duty  of  every  police  officer  or  patrolman,  receiv- 
ing any  execution  for  the  collection  of  any  fine,  to.  render  to 
the  police  magistrate  or  justice  of  the  peace  issuing  the  same, 
on  the  first  day  of  each  month,  a statement  in  writing  in  rela- 
tion to  what  has  been  done  with  said  execution,  and  the  amount 
of  money  paid  thereon,  if  any,  and  such  statement  shall  be  filed 
by  the  magistrate  or  justice  with  the  city  comptroller,  at  the 
time  of  making  his  monthly  report  to  the  city  council.  In  case 
of  the  failure  of  any  police  officer  to  render  the  statement  herein 
required,  the  city  comptroller  may  charge  the  amount  of  the 
uncollected  execution  or  executions  against  such  officer,  so  fail- 
ing to  report,  and  deduct  the  same  from  his  salary. 

Article  V. 

THE  CITY  PRISON  AND  KEEPER. 

211.  City  prison — location  of.]  The  buildings  and  inclos- 
ures, which  now  are  or  may  hereafter  be  erected,  situated,  upon 


CITY  PRISON  AND  KEEPER. 


393 


lot  number  seven  (7),  in  block  number  one  (1)  of  the  old  town 
plat  of  the  town  (now  city)  of  Springfield,  are  hereby  consti- 
tuted and  established  as  a city  prison  and  workhouse,  for  the 
confinement  and  safe  keeping  of  all  persons  who  may  be  legally 
committed  thereto  by  any  police  magistrate  or  justice  of  the 
peace,  or  other  proper  officer,  for  any  violation  of  the  laws  or 
ordinances  of  the  city,  or  for  the  non-payment  of  any  fine  or 
penalty  legally  adjudged  against  such  persons  by  any  magis- 
trate or  other  competent  court. 

212.  Prison  keeper — term  of  office.]  There  is  hereby  cre- 
ated the  office  of  keeper  of  the  city  prison  and  workhouse.  He 
shall  hold  his  office  for  the  term  of  one  year,  and  until  his  suc- 
cessor shall  be  duly  appointed  and  qualified. 

213.  How  and  when  appointed — oath — bond.]  The  city 
prison  keeper  shall  be  appointed  by  the  mayor,  by  and  with  the 
advice  and  consent  of  the  city  council,  on  the  first  Monday  in 
May,  1884,  as  nearly  as  may  be,  and  annually  thereafter.  Be- 
fore entering  upon  the  duties  of  his  office,  he  shall  take  the  oath 
prescribed  by  law,  and  shall  execute  a bond  to  the  corporation 
in  the  penal  sum  of  two  thousand  dollars,  with  such  sureties 
as  the  city  council  shall  approve,  conditioned  for  the  faithful 
discharge  of  the  duties  of  the  office. 

214.  Shall  be  ex-officio  policeman — other  duties.]  The 

keeper  of  the  city  prison  shall  be  ex-officio  a policeman,  and 
shall  possess  the  same  powers  and  perform  the  same  duties  as 
other  police  patrolmen.  He  shall  reside  in  the  portion  of  the 
city  prison  allotted  for  that  purpose,  and  shall  have  the  charge, 
custody  and  keeping  of  the  prison  and  workhouse,  and  of  the 
grounds  and  appurtenances  belonging  thereto,  and  of  all  persons 
legally  committed  to  or  confined  therein,  under  the  direction 
and  supervision  of  the  mayor  and  city  council.  He  shall  attend 
at  the  prison  at  all  times,  and,  when  required,  shall  receive  into 
his  custody  and  safely  keep  and  confine  therein  all  persons  who 
may  be  legally  committed  to  his  custody  or  charge  by  any  proper 
officer,  police  magistrate  or  justice  of  the  peace,  until  they  shall 
be  legally  taken  or  discharged  therefrom.  He  shall  furnish  to 
all  persons  who  may  be  confined  or  kept  in  the  prison  under  his 
charge  (when  the  person  himself  shall  not  do  so),  at  proper 


GEXKKAL  OHDIXAXCKS  OF  CITY. 


394 


times,  suitable,  necessary,  and  plain,  wholesome  food  and  drink, 
and  comfortable  bedding. 

215.  Shall  receive  prisoners  and  receipt  to  officer  for  same 
— cost  of  dieting.]  When  any  person  shall  be  committed  by 
order  of  any  police  magistrate,  justice  of  the  peace  or  other 
competent  court,  for  the  non-payment  of  any  fine,  penalty  or 
forfeiture  adjudged  against  him,  and  has  no  goods  or  chattels 
out  of  which  the  judgment  and  execution  against  him  can  be 
collected,  the  police  officer  having  charge  of  the  execution  shall 
deliver  such  person,  with  a copy  of  the  execution,  and  with  the 
amount  of  the  fine  or  penalty  and  costs  adjudged  against  him, 
into  the  custody  of  the  city  prison  keeper,  who  shall  receive  such 
person,  and  receipt  for  him  to  the  officer  upon  the  execution 
retained  by  him,  and  shall  enter  in  a book  kept  for  that  purpose 
the  date  and  amount  of  the  fine  and  costs,  and  the  number  of 
days  which  the  person  will  be  required  to  be  confined  in  order 
to  discharge  the  same  at  the  rate  of  fifty  cents  per  day. 

216.  May  cause  prisoners  to  labor — refusal  of  prisoner — 
penalty.]  The  keeper  of  the  city  prison  and  workhouse  may 
require  any  person  committed  to  his  custody  for  the  non-pay- 
ment of  any  fine  or  penalty  imposed  on  him  by  any  police  magis- 
trate or  justice  of  the  peace,  for  any  violation  of  the  laws  or 
ordinances  of  the  city,  to  perform  such  manual  labor  as  his  or 
her  strength  will  permit,  within  or  without  the  prison,  for  not 
exceeding  ten  hours  each  working  day,  and  in  such  manner  as 
the  prison  keeper  shall  direct;  and  if  such  person  shall  refuse 
to  labor  when  required,  or  shall  conduct  himself  in  a disorderly 
manner,  or  refuse  to  obey  the  lawful  commands  of  the  prison 
keeper,  or  shall  resist  him  or  attempt  to  escape,  he  shall  not  be 
entitled  to  any  credit  on  his  fine  or  judgment  until  he  shall 
consent  to  labor,  and  if  he  shall  escape  he  shall  forfeit  the  whole 
amount  credited  or  paid  on  his  fine  by  imprisonment,  and  if 
retaken  shall  serve  out  the  entire  amount  of  the  fine  and  costs 
for  which  he  was  originally  committed. 

217.  Shall  keep  record  of  prisoners.]  The  keeper  of  the 
city  prison  shall  keep  a record,  in  which  he  shall  register  the 
name  of  each  person  committed  to  or  confined  therein,  the  of- 
fense for  which  such  person  was  committed,  the  time  when  and 


CITY  PRISON  AND  KEEPER. 


395 


by  what  officer  committed,  the  date  and  manner  of  discharge,  and 
by  what  authority  discharged;  and  he  shall  carefully  preserve 
the  original  (if  left  with  him)  or  a copy  of  each  execution,  mit- 
timus or  warrant  of  commitment. 

218.  Make  monthly  reports  to  council.]  He  shall,  on  the 
first  Monday  in  each  month,  pay  into  the  city  treasury  all  moneys 
which  he  may  have  received  for  fines  due  the  corporation  from 
any  person  committed  to  his  custody  for  any  violation  of  the 
ordinances  of  the  city,  and  he  shall  also  report  the  amount  of 
the  same  to  the  city  council,  in  writing,  with  the  names  of  all 
persons  committed  or  confined  during  the  preceding  month, 
the  offense  for  which  committed,  the  amount  of  the  fine  and 
cost,  the  time  for  which  committed,  and  when  discharged;  and 
if  any  such  persons  were  discharged  before  the  expiration  of 
the  time  for  which  they  were  committed,  the  report  shall  state 
for  what  reason  and  by  whose  authority  discharged. 

219.  No  authority  to  discharge  prisoners — liability  and 
penalty.]  The  city  prison  keeper  shall  not  release  or  discharge 
any  person  committed  to  his  custody,  except  when  such  person 
may  be  taken  out  for  trial  by  the  proper  officer,  or  otherwise 
released  or  discharged  according  to  law ; and  he  shall  not  release 
or  discharge  any  person  committed  into  his  custody  for  the  non- 
payment of  any  fine  or  penalty  adjudged  against  him,  until  the 
same  is  paid,  or  until  the  time  for  which  he  was  committed  shall 
have  expired,  except  when  such  person  may  be  duly  released 
by  the  mayor,  or  otherwise  lawfully  discharged.  If  said  prison 
keeper  shall  release  or  discharge  any  person  committed  into  his 
custody,  contrary  to  the  provisions  of  this  section,  or  suffer  or 
permit  such  person  to  escape,  he  shall  be  liable  for  the  full 
amount  of  the  fine  and  costs  due  from  such  person  at  the  time 
of  his  escape,  and  to  an  additional  penalty  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars,  and  may  be  removed 
from  office. 

220.  Sanitary  condition  of  prison  and  prisoners.]  The 

keeper  of  the  city  prison  and  workhouse  shall  keep  the  same, 
with  the  appurtenances,  cells,  furniture  and  bedding  thereof, 
clean,  in  good  order,  and  free  from  vermin  and  other  things 
prejudicial  to  the  health  and  comfort  of  persons  confined 


GENERAL  ORDINANCES  OE  CITY. 


396 


therein ; and  he  shall,  if  necessary,  compel  such  persons  to  keep 
themselves*  and  their  wearing  apparel  in  a cleanly  and  decent 
condition,  and  to  cleanse  their  apartments  or  other  parts  of  the 
prison,  when  they  shall  willfully  or  unnecessarily  defile  the 
same. 

221.  Police  committee  may  establish  rules.]  The  commit- 
tee on  police  may  make  and  establish  such  reasonable  rules  and 
regulations  for  the  maintenance  of  good  order  and  discipline 
in  the  city  prison  and  workhouse  as  they  may  find  expedient 
or  necessary ; and  the  prison  keeper,  upon  receiving  any  person 
into  his  custody,  shall  read  over  said  rules  and  regulations  in 
the  hearing  of  such  person,  and  shall  at  all  times  strictly  en- 
force the  same. 

222.  Physician — when  authorized  to  employ.]  Whenever 

the  city  physician  (if  there  be  one)  shall  be  unable  to  attend 
on  any  prisoner  requiring  medical  aid,  the  prison  keeper  shall 
be  authorized  to  employ,  with  the  consent  of  the  mayor,  such 
other  medical  assistance  as  he  may  deem  necessary. 

223.  Committee  to  visit  prison  and  report  to  council.]  It 

shall  be  the  duty  of  the  committee  on  police  to  visit  the  city 
prison  as  often  as  once  a month,  and  to  inquire  into  the  treat- 
ment of  persons  confined  therein,  and  see  that  the  prison  is  kept 
in  good  order  and  condition,  and  that  the  provisions  of  thi& 
article  and  the  rules  and  regulations  of  the  prison  are  strictly 
observed  and  enforced;  and  they  shall  report  to  the  city  council 
any  neglect  of  duty  or  inefficiency  on  the  part  of  the  keeper 
thereof. 

224.  Manner  of  treating  prisoners — penalty  for  violation.] 

The  keeper  of  the  city  prison  and  workhouse  shall  treat  all  per- 
sons committed  to  his  charge  humanely ; and  if  he  shall  unneces- 
sarily assault,  beat,  abuse,  or  otherwise  maltreat,  any  person 
in  his  custody,  or  knowingly  suffer  or  permit  the  same  to  be 
done;  or  shall  supply  any  such  person  with  any  intoxicating 
liquor  as  a beverage,  or  knowingly  suffer  or  permit  the  same 
to  be  done ; or  shall  be  guilty  of  any  lascivious  behavior,  or  other 
improper  conduct,  toward  any  female  in  his  custody,  or  know- 
ingly suffer  or  permit  others  to  be  guilty  of  such  conduct;  or 
shall  fail  to  supply  each  and  every  person  in  his  custody  with  a 


WORKING  PRISONERS  ON  STREETS. 


397 


sufficient  quantity  of  wholesome  food  or  drink,  at  reasonable 
and  proper  intervals,  or  with  the  necessary  bedding,  he  shall, 
in  each  and  every  case,  be  subject  to  a penalty  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars;  and  a convic- 
tion under  any  of  the  provisions  of  this  section  shall  be  deemed 
cause  for  his  removal  from  office. 

Article  VI. 

WORKING  PRISONERS  ON  STREETS. 

225.  Superintendent  of  streets  may  work  prisoners.]  When 
any  able-bodied  male  person  shall  be  committed  to  the  city  prison 
and  workhouse  for  the  non-payment  of  any  fine  or  penalty  ad- 
judged against  him,  it  shall  be  the  duty  of  the  prison  keeper 
to  deliver  such  person,  with  the  mittimus  or  execution,  indorsed 
with  the  amount  of  the  fine  and  costs,  including  board  to  date, 
into  the  charge  of  the  city  superintendent  of  streets,  who  shall, 
if  practicable,  receive  such  person  and  receipt  for  him  to  the 
prison  keeper,  and  shall  enter  in  a suitable  book,  to  be  kept  by 
him,  the  amount  of  the  fine  and  costs,  and  the  number  of  days 
which  the  person  will  be  required  to  work  to  discharge  the  same. 
Said  superintendent  shall  thereupon  compel  such  person  to  labor 
on  the  streets  and  alleys  of  the  city  for  ten  hours  in  each  work- 
ing day,  and  shall  credit  him  with  not  less  than  fifty  cents,  nor 
more  than  one  dollar  and  fifty  cents,  exclusive  of  board,  for 
every  day  he  shall  so  diligently  labor,  and  shall  discharge  him 
when  he  shall  have  labored  out  his  fine  and  the  costs. 

226.  Prisoners  to  be  returned  for  safe  keeping.]  The 

superintendent  of  streets,  having  received  any  person  into  his 
charge  for  the  purpose  of  working  out  his  fine  and  costs,  as 
aforesaid,  may  commit  such  person  to  the  city  prison  for  safe 
keeping  when  not  laboring,  and  take  him  therefrom  each  day 
for  the  purpose  of  laboring. 

227.  Refusal  of  prisoner  to  labor — penalty.]  Any  person 
so  committed,  who  shall  refuse  to  labor,  or  shall  conduct  himself 
in  a disorderly  manner,  or  shall  refuse  to  obey  the  lawful  orders 
of  the  street  superintendent,  or  his  assistant  or  deputy,  or  shall 
resist  him  or  attempt  to  escape,  shall  not  be  entitled  to  any 


3(J8  GENERAL  ORDINANCES  OF  CITY. 

credit  upon  his  fine,  and  shall  be  re-committed  to  confinement 
until  he  consents  to  labor;  and  said  superintendent  may  attach 
a ball  and  chain  to  any  such  person,  in  order  to  prevent  his 
escape.  If  such  person  shall  escape,  he  shall  forfeit  all  of  his 
labor  performed,  and  if  re- taken,  shall  work  out  the  whole 
amount  of  the  fine  and  costs  for  which  he  was  originally  com- 
mitted. 

228.  Discharge  of  prisoners.]  Any  person  committed  as 
aforesaid,  may,  at  any  time,  pay  the  amount  of  the  execution 
against  him;  and  upon  such  payment  being  made,  or  upon  his 
laboring  out  the  amount  of  his  fine  and  costs,  or  otherwise  being 
entitled  to  his  discharge,  the  officer  having  him  in  custody  shall, 
if  required,  give  him  a written  discharge,  and  set  him  at  liberty. 

229.  Superintendent  of  streets  to  name  prisoners  worked 
by  him  in  his  report — escape  of.]  It  shall  be  the  duty  of  the 

superintendent  of  streets,  having  any  person  in  his  charge  or 
custody  for  the  purpose  of  working  out  their  fines  upon  the 
streets,  to  report  monthly  to  the  city  council,  stating  their  names, 
with  the  amount  of  the  fine  in  each  case,  the  manner  of  dis- 
charging the  same,  and  the  number  of  days*  labor  performed 
by  each.  If  any  such  person  shall  escape  from  his  custody,  he 
shall  forthwith  notify  the  superintendent  or  sergeant  of  police 
thereof. 


ESTABLISHING  OF  FIRE  DEPARTMENT. 


393 


CHAPTER  VII. 


THE  FIRE  DEPARTMENT. 

Article  I.  Department  Established. 

II.  The  Fire  Marshal. 

III.  The  Firemen  and  Fire  Committee. 


Article  I. 

ESTABLISHING  OF  THE  DEPARTMENT. 

230.  Fire  department — of  whom  composed.]  There  is 
hereby  established  a department  of  the  municipal  government 
of  the  city  of  Springfield,  which  shall  be  known  as  the  “Fire 
Department,”  and  shall  embrace  one  fire  marshal,  four  engi- 
neers, three  firemen,  eight  drivers,  three  hosemen,  one  tillerman, 
and  eight  extra  hosemen,  and  snch  other  or  further  number  of 
each  as  the  city  council  may  hereafter,  from  time  to  time,  by 
ordinance  or  resolution,  provide. 

231.  Location  of  engine  houses.]  The  location  of  the  com- 
panies composing  said  department  shall  be  as  follows : Engine 

Company  No.  1,  [Button]  shall  be  located  in  the  engine  house 
on  Monroe  street,  between  Seventh  and  Eighth  streets.  Engine 
Company  No.  2,  [Silsby]  shall  be  located  in  the  engine  house 
on  Jefferson  street,  between  Third  and  Fourth  streets.  The 
Hook  and  Ladder  trucks  and  apparatus  shall  be  kept  in  the 
house  adjoining  that  occupied  by  the  first  named  engine  com- 
pany, on  Monroe  street.  Ehgine  Company  No.  3,  [Ahrens] 
at  engine  house  on  Fourth  street,  between  Monroe  street  and 
Capital  avenue,  and  the  chemical  engine  at  the  last  named 
engine  house. 


400 


GENERAL  ORDINANCES  OF  CITY. 


Article  II. 

THE  FIRE  MARSHAL. 

232.  Fire  marshal — term  of  office — how  and  when  ap- 
pointed.] There  is  hereby  created  the  office  of  fire  marshal 
of  the  city  of  Springfield.  He  shall  hold  his  office  for  the  term 
of  one  year,  and  until  his  successor  shall  be  appointed  and  quali- 
fied. Said  fire  marshal  shall  be  appointed  by  the  mayor,  by  and 
with  the  advice  and  consent  of  the  city  council,  on  the  first 
Monday  in  May  in  each  year,  or  as  soon  thereafter  as  may  be. 

233.  Oath — bond.]  The  fire  marshal  shall,  before  entering 
upon  the  duties  of  his  office,  take  and  subscribe  the  oath  pre- 
scribed by  law  for  city  officers,  and  shall  execute  a bond  to  the 
corporation  in  the  penal  sum  of  twenty-five  hundred  dollars, 
with  sureties  to  be  approved  by  the  city  council,  conditioned 
for  the  faithful  performance  of  the  duties  of  his  office. 

234.  Shall  have  control  of  department  and  custody  of  all 
property.]  Said  fire  marshal  shall  be  the  chief  of  the  fire  de- 
partment, and  in  subordination  to  the  mayor  and  committee  on 
fire  and  water,  shall  have  full  command  and  control  over  said 
department,  and  over  all  the  members  thereof.  He  shall  have 
the  general  care  and  custody  of  the  engines,  hose  carts  and  hose, 
horses,  trucks,  hooks  and  ladders,  and  all  other  property  and 
equipments  belonging  to  the  fire  department,  and  he  shall  per- 
sonally attend  to  all  repairs  required  to  be  made  upon  the  same. 

235.  In  case  of  fires  may  tear  down  buildings.]  He  shall 

attend  all  fires  occuring  within  the  city,  and  take  command  of 
the  organization,  and  shall  see  that  the  several  members  of  the 
fire  department  faithfully  perform  their  respective  duties. 
With  the  concurrence  of  the  mayor,  or  any  two  aldermen,  the 
fire  marshal  may  order  the  tearing  down  and  removal  of  any 
building,  or  may  direct  the  blowing  up  of  any  building,  when, 
in  either  case,  it  shall  be  deemed  necessary  to  check  the  progress 
of  any  fire. 

236.  May  prefer  charges  for  incompetency,  etc. — suspend 
numbers  during  pendency.]  He  may,  either  upon  his  own 
knowledge,  or  upon  information  communicated  to  him  by  others, 
prefer  formal  charges  to  the  fire  and  water  committee  against 


THE  FIRE  MARSHAL. 


401 


any  member  of  the  fire  department  for  incompetency,  neglect 
of  duty,  disobedience  of  orders,  or  violation  of  any  of  the  stand- 
ing rules  and  regulations  of  said  department;  and  he  may  also, 
pending  said  charges,  suspend  such  delinquent  member  from 
duty,  and  such  suspension  shall  continue  in  force  until  the 
charges  can  be  investigated  by  the  committee  on  fire  and  water, 
and  final  action  be  taken  thereon  by  said  committee  and  the 
city  Council. 

237.  Persons  subject  to  his  orders — must  wear  badge.] 

Every  person  above  the  age  of  eighteen  years,  present  at  any  fire 
in  said  city,  shall  be  subject  to  the  orders  of  the  fire  marshal  in 
extinguishing  the  fire,  and  in  removing  and  protecting  property ; 
and  in  case  such  person  shall  neglect  or  refuse  to  obey  such 
orders,  he  shall  be  liable  to  a fine  of  not  exceeding  five  dollars 
for  every  such  offense : Provided , that  no  person  not  a member 

of  the  fire  department  shall  be  bound  to  obey  the  orders  of  the 
fire  marshal  at  any  fire,  unless  he  shall  wear  his  badge  of  office, 
or  his  official  character  shall  be  otherwise  known  or  made  known 
to  such  person. 

238.  To  keep  record  of  property — make  animal  report,  etc.] 

Said  fire  marshal  shall  keep,  in  a book,  to  be  provided  by  the 
city  for  that  purpose,  a full  and  accurate  record  of  all  transac- 
tions in  the  fire  department,  and  of  all  property  placed  in  his 
charge  or  custody;  and  he  shall,  annually,  at  the  close  of  each 
fiscal  year,  make  a written  report  to  the  city  council,  showing 
the  condition  of  the  department  under  his  management,  together 
with  a complete  list  of  all  fires  occuring  in  said  city  during  the 
preceding  year,  the  date  and  location  of  each  fire,  the  name  of 
the  owner  of  the  property  destroyed,  the  cause  of  the  fire,  loss 
incurred  thereby,  amount  of  insurance,  and  such  other  informa- 
tion as  he  may  deem  important  to  the  city. 

239.  In  case  of  absence  mayor  to  appoint.]  In  case  of  the 
temporary  absence  or  disability  of  the  fire  marshal,  the  mayor 
may  appoint  some  competent  member  of  the  fire  department  or 
other  person,  who,  during  such  absence  or  disability,  shall  possess 
the  powers  and  exercise  the  duties  of  said  marshal. 

240.  Shall  turn  over  all  property,  etc.,  to  successor.]  Upon 
the  expiration  of  his  term  of  office,  or  his  resignation  thereof 


402 


GENERAL  ORDINANCES  OF  CITY. 


or  removal  therefrom,  the  fire  marshal  shall,  on  demand,  de- 
liver to  his  successor  in  office,  all  books,  records,  equipments  and 
property  of  every  description,  in  his  possession,  belonging  to 
the  city,  or  appertaining  to  his  said  office.  ‘ 

Article  III. 

THE  FIREMEN  AND  FIRE  COMMITTEE. 

241.  All  employes  to  be  appointed  by  the  mayor.]  The 

engineers,  firemen,  drivers,  tillerman,  hosemen  and  extra  hose- 
men,  or  other  employes  of  the  fire  department,  shall  be  appointed 
by  the  mayor,  from  time  to  time,  by  and  with  the  consent  of  the 
city  council,  upon  the  recommendation  of  the  committee  on 
fire  and  water;  and  they  shall  hold  their  respective  positions 
during  the  pleasure  of  the  mayor  and  city  council:  Provided , 

that  if  the  mayor  shall  decline  to  appoint  any  person  so  recom- 
mended by  the  committee  on  fire  and  water,  they  shall  recom- 
mend some  other  suitable  person  in  his  place. 

242.  Employes  to  wear  badge.]  Each  member  of  the  fire 

department,  when  on  duty,  shall  wear  an  appropriate  badge, 
to  be  furnished  him  by  the  city;  and  if  he  shall  destroy  or  lose 
it,  he  shall  be  at  the  expense  of  replacing  the  same.  Whenever 
any  member  of  the  said  department  shall  cease  to  be  connected 
therewith,  he  shall  immediately  deliver  his  badge  and  any  other 
effects  in  his  possession  belonging  to  the  city,  into  the  hands  of 
the  fire  marshal. 

243.  Duties  of  fireman.]  The  several  members  of  the  fire 
department  shall  be  on  duty  at  all  such  hours  of  the  day  or 
night  as  shall  be  prescribed  by  the  rules  and  regulations  of  said 
department,  except  when  otherwise  ordered  by  the  fire  marshal. 
In  addition  to  their  general  duties,  it  shall  be  the  special  duty 
of  the  engineers,  firemen,  hosemen  and  drivers,  to  keep  their 
engines,  horses  and  fire  apparatus  from  injury  as  much  as  possi- 
ble, to  expose  them  to  no  unnecessary  hazards,  and  to  work  the 
same  with  skill  and  judgment. 

244.  Manner  of  driving.]  No  fire  engine,  hose  cart,  or 
hook  and  ladder  truck,  shall  be  driven  to  a fire  or  alarm  of  fire 
in  a manner  calculated  to  endanger  the  safety  of  persons  or 


FIREMEN  AND  FIRE  COMMITTEE, 


403 


property  in  the  streets  or  avenues  of  the  city;  nor  shall  any 
such  engine,  cart  or.  carriage  be  drawn  faster  than  a slow  trot 
on  its  return  from  any  fire  or  alarm  of  fire,  under  a penalty, 
in  either  case,  of  not  less  than  three  dollars  nor  more  than  fifty 
dollars,  to  be  paid  by  the  person  or  persons  committing  the 
offense. 

245.  Not  to  be  driven  on  sidewalks — penalty.]  No  fire 

engine,  hose  cart,  or  hook  and  ladder  truck  shall  be  run  or 
-driven  upon,  across  or  along  any  sidewalk  within  the  city,  ex- 
cept in  case  of  strict  necessity;  and  any  member  of  the  fire  de- 
partment, or  other  person,  violating  this  section,  shall  be  sub- 
ject to  a penalty  of  not  exceeding  five  dollars  for  every  such 
offense. 

246.  Not  to  be  used  for  private  purposes.]  No  person 
shall,  without  obtaining  the  consent  of  the  city  council,  or  of 
the  fire  and  water  committee,  use  any  hose  or  other  fire  appara- 
tus belonging  to  the  city,  for  any  private  purpose  whatever, 
under  a penalty  of  not  less  than  three  dollars  nor  more  than 
twenty-five  dollars  for  each  offense. 

247.  Property  saved  from  fire — ownership  proved.]  No 

person  shall  be  permitted  to  remove  or  take  away  any  property 
in  the  possession  of  the  fire  department,  saved  from  any  fire, 
until  proof  of  the  ownership  thereof  shall  have  been  made  to 
the  satisfaction  of  the  fire  marshal. 

248.  Who  may  make  arrests  during  progress  of  fire.]  The 

mayor,  any  alderman,  or  the  fire  marshal,  may,  and  the  super- 
intendent of  police  and  all  policemen  shall,  during  the  progress 
of  any  fire,  arrest  any  person  found  stealing  or  trespassing  upon 
any  property,  or  willfully  injuring  or  breaking  any  engine  or 
other  fire  apparatus;  or  any  person  resisting  or  obstructing  any 
member  of  the  fire  department  in  the  discharge  of  his  duty,  or 
otherwise  conducting  himself  in  a riotous  or  disorderly  manner ; 
and  shall,  if  necessary,  detain  the  offender  in  custody  over  night 
or  Sunday,  until  he  can  be  brought  before  the  proper  magistrate 
or  tribunal,  and  dealt  with  according  to  law. 

249.  Firemen  not  to  be  hindered  in  discharge  of  duty — 
penalty.]  Any  person  who  shall  willfully  resist,  obstruct  or 


404 


GENERAL  ORDINANCES  OF  CITY. 


hinder  any  member  of  the  fire  department  in  the  performance 
of  his  duty  at  a fire,  or  shall  willfully  or  maliciously  injure, 
break  or  deface  any  engine,  hose,  horse,  carriage  or  fire  apparatus 
belonging  to  the  city,  shall,  on  conviction,  in  either  case,  be 
fined  not  loss  than  five  dollars  nor  more  than-  one  hundred  dol- 
lars. 

250.  General  supervision  by  fire  and  water  committee.] 

The  committee  on  fire  and  water  shall  have  and  exercise  a 
general  supervision  over  the  fire  department  and  property,  and 
shall,  in  concurrence  with  the  fire  marshal,  make  and  establish 
rules  and  regulations  for  the  government  thereof,  not  inconsist- 
ent with  the  provisions  of  this  ordinance;  and  it  shall  be  the 
duty  of  said  committee  to  see  that  the  organization  of  said  de- 
partment is  efficiently  preserved,  its  records  properly  kept,  and 
its  rules  and  regulations  duly  observed  by  the  members  thereof. 

251.  May  remove  any  member  except  marshal.]  Said 
committee  may  remove  any  member  of  the  fire  department,  ex- 
cept the  fire  marshal,  for  any  cause  that  they  may  deem  sufficient, 
but  shall  report  such  removal  to  the  city  council. 


THE  BOARD  OF  HEALTH. 


405 


CHAPTER  VIII. 


THE  HEALTH  DEPARTMENT. 


Article  I. 

II. 

III. 

IV. 
V. 

VI. 


The  Board  of  Health. 

Special  Provisions  Relating  to  Health. 
Supervision  of  Milk,  Dairies,  Herds  and  Stables. 
The  Health  Inspector. 

Supervision  of  Plumbing  and  Drainage. 

Meat  Inspector. 


Article  I. 


THE  BOARD  OF  HEALTH. 


252.  Who  embraced  in.]  There  is  hereby  established  a 
department  of  the  municipal  government  of  the  city  of  Spring- 
field,  which  shall  be  known  as  the  “Health  Department,”  and 
shall  embrace  the  mayor,  city  clerk,  superintendent  of  police, 
and  one  suitable  person,  as  nearly  as  may  be,  from  each  ward 
of  the  city. 

253.  How  and  when  appointed — term  of  office.]  It  shall 

be  the  duty  of  the  mayor  to  appoint,  by  and  with  the  advice  and 
consent  of  the  city  council,  on  the  first  Monday  in  May,  1884, 
or  as  soon  thereafter  as  may  be,  and  annually  thereafter,  seven 
suitable  and  competent  persons,  one  from  each  ward  if  practica- 
ble, who  shall  constitute  and  be  known  as  the  Board  of  Health 
of  said  city,  and  shall  hold  their  respective  positions  for  the 
term  of  one  year,  and  until  their  successors  shall  be  appointed 
and  qualified. 

254.  Oath — bond.]  The  members  of  said  board  shall,  be- 
fore entering  upon  their  official  duties,  severally  take  the  oath 
prescribed  by  law  for  city  officers,  and  shall  each  give  bond  to 
the  corporation  in  the  penal  sum  of  one  hundred  dollars,  with 
sureties  to  be  approved  by  the  city  council,  conditioned  for  the 
faithful  performance  of  the  duties  of  their  office. 

255.  Who  are  officers  of.]  The  mayor  shall  be  president 
of  the  board  of  health,  and  in  case  of  his  temporary  absence  or 


GENERAL  ORDINANCES  OF  CITY. 


406 

inability  to  servo,  the  board  may  choose  one  of  their  number  to 
preside  at  any  meeting  thereof.  The  city  clerk  shall  be  clerk 
of  said  board,  and  shall  keep  minutes  of  their  proceedings  in  a 
suitable  book  to  be  provided  by  the  city  for  that  purpose. 

256.  Monthly  meetings — may  call  special  meetings.]  The 

board  of  health  shall  hold  monthly  meetings  in  the  city  council 
chamber,  at  such  time  as  they  may  by  vote  determine.  Special 
meetings  may  be  called  by  the  mayor  or  any  two  members  of  the 
board;  and  the  superintendent  of  police  shall,  when  required, 
give  notice  of  such  meetings  to  each  member  of  the  board.  A 
majority  of  the  members  of  the  board  shall  constitute  a quorum 
for  the  ^transaction  of  business.  They  may  make  and  determine 
the  rules  of  their  own  proceedings,  and  such  other  rules  and 
regulations  as  may  be  necessary  for  the  execution  of  their  powers 
and  duties. 

257.  Duties  defined.]  Said  board  shall  exercise  a general 
supervision  over  the  public  health  of  the  city,  and  shall  make 
diligent  examination  into  all  matters  affecting  the  same.  They 
shall  cause  all  nuisances  to  be  abated  or  removed,  which  they 
may  deem  prejudicial  or  obnoxious  to  the  public  health  or  com- 
fort, and  may  make  such  sanitary  regulations  as  they  may  think 
necessary  or  expedient  to  prevent  the  introduction  or  spreading 
of  any  contagious,  malignant,  infectious  or  pestilential  disease. 

258.  Orders  of  executed  by  police.]  The  orders  of  the 
board  of  health  shall  be  duly  certified  by  the  city  clerk,  and  the 
mayor  shall  cause  the  same  to(be  executed  by  the  police  superin- 
tendent, or  any  police  officer,  or  by  the  health  inspector. 

259.  Sanitary  regulations — penalty  for  non-compliance. ] 

All  orders  and  sanitary  regulations  of  the  board  of  health  shall 
be  obeyed  by  all  persons  in  the  city;  and  any  member  of  said 
board  may  order  the  abatement  of  any  nuisance,  contrary  to  any 
city  ordinance,  which  may  be  prejudicial  to  the  public  health. 
Whoever  shall  neglect  or  refuse  to  obey  any  order  of  the  board, 
or  of  any  member  thereof,  as  herein  required,  shall,  for  every 
such  offense,  be  subject  to  a penalty  of  not  less  than  three  dol- 
lars nor  more  than  twenty-five  dollars. 

260.  May  provide  temporary  hospitals,  etc.]  The  board  of 

health  may,  when  the  sanitary  condition  or  preservation  of  the 


SPECIAL  PROVISIONS  RELATING  TO  HEALTH. 


407 


public  health  of  the  city  shall  render  it  necessary,  establish 
such  temporary  hospitals,  and  provide  such  necessaries  therefor, 
as  the  public  exigency  may  require;  and  said  board  shall  be 
authorized  to  employ  such  nurses  and  assistants  for  such  hospi- 
tal or  hospitals  as  may  be  deemed  necessary,  and  shall  see  that 
all  persons  so  employed  by  them  faithfully  perform  their  several 
duties. 

261.  Shall  provide  for  prevention  of  contagious  diseases.] 

The  board  of  health  may  cause  any  person,  within  the  city,  hav- 
ing any  contagious,  infectious  or  pestilential  disease,  to  be  re- 
moved to  some  safe  and  proper  place  without  the  corporate 
limits,  where  danger  from  contagion  will  be  avoided,  and  shall 
provide  suitable  medical  and  other  attendance  for  such  person, 
at  his  own  expense  if  able  to  pay  the  same,  and  if  not,  at  the 
expense  of  the  city:  Provided , that  if  any  such  person,  being 

a resident  of  the  city,  shall  refuse  to  be  removed,  or  if  his  condi- 
tion be  such  that,  in  the  opinion  of  his  attending  physician, 
removal  would  be  attended  with  danger  to  his  life,  then  such 
measures  shall  be  taken  by  the  board  as  may  be  deemed  most 
advisable  to  prevent  the  spreading  of  the  pestilence. 

262.  May  cause  clothing,  etc.,  to  be  destroyed.]  Said 

board  shall  cause  any  wearing  apparel  or  bedding,  which  they 
may  deem  infectious  or  likely  to  endanger  the  public  health 
and  safety,  to  be  removed  beyond  the  city  limits  and  destroyed. 

263.  Bill  and  expenses  to  be  certified  to  the  council — clerk 
to  keep  record.]  All  bills  or  accounts  for  expenses  incurred 
by  the  board  of  health  shall  be  presented  to  the  mayor  or  pre- 
siding officer  of  the  board  for  his  approval,  and,  if  found  cor- 
rect, he  shall  certify  the  same  to  the  city  council  for  allowance.* 
The  city  clerk,  as  clerk  of  said  board,,  shall  keep  a record  of  all 
disbursements  made  on  account  of  the  health  department. 

Article  II. 

SPECIAL  PROVISIONS  RELATING  TO  HEALTH. 

264.  Physicians  to  report  contagious  diseases — penalty  for 
failure.]  Every  practicing  physician  in  the  city  of  Springfield, 
who  shall  have  any  patient  therein,  laboring  under  any  con- 


408  GENERAL  ORDINANCES  OF  CITY. 

tagious,  infectious  or  pestilential  disease,  shall  forthwith  make 
report  thereof,  in  writing,  to  the  city  clerk  or  president  of  the 
board  of  health,  stating  the  name  and  describing  the  locality 
of  such  patient,  so  that  he  may  be  easily  found;  and  for  any 
neglect  or  failure  to  so  report,  such  physician  shall  incur  a 
penalty  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

265.  Small-pox  notice  posted — penalty.]  If  any  person  in 

the  city  shall  have  the  small-pox,  or  other  like  malignant  and 
infectious  disease,  the  board  of  health  may,  upon  information 
thereof,  cause  notices  with  the  words  “Small-Pox  Here,”  in 
large  letters,  to  be  posted  in  some  conspicuous  place  on  the  house 
or  premises  occupied  by  such  person,  and  it  shall  be  the  duty  of 
the  occupant  or  occupants  of  such  house  to  keep  such  notices 
so  posted  as  long  as  directed  by  said  board,  under  a penalty  of 
not  less  than  five  dollars  nor  more  than  fifty  dollars. 

266.  Persons  having  had  infectious  disease  forbidden  in 

streets,  etc. — penalty.]  Any  person  having  or  having  had  the 
small-pox,  or  other  like  malignant  and  infectious  disease,  who 
shall  go  about  in  any  street  or  public  place,  while  in  danger  of 
giving  the  disease  to  others,  shall  be  subject  to  a penalty  of  not 
exceeding  twenty-five  dollars:  Provided , that  this  section  shall 

not  apply  to  cases  where  such  person  shall  have  consulted  and 
obtained  from  some  respectable  physican  a written  certificate 
stating  that  there  is  no  danger  of  his  communicating  the  disease 
to  others. 

267.  Physician,  nurse  and  attendants — to  change  clothing — 
penalty.]  Any  physician,  nurse  or  servant,  attending  or  being 
about  any  person  having  the  small-pox,  or  like  infectious  or 
contagious  disease,  who  shall  not  change  or  purify  his  wearing 
apparel  before  going  upon  any  street  or  into  any  public  place, 
or  shall  otherwise  so  conduct  himself  as  to  endanger  the  spread- 
ing of  the  disease,  shall,  for  each  and  every  such  offense  be  liable 
to  a fine  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

268.  Bringing  disease  into  city — penalty.]  Whoever  shall 
bring  into  said  city  any  person  having  the  small-pox,  or  other 
like  infectious  or  contagious  disease,  or  any  clothing,  bedding, 
or  other  article  or  thing  infected  with  small-pox,  or  other  in- 


SPECIAL  PROVISIONS  RELATING  TO  HEALTH.  409 

fectious  or  contagious  disease,  shall,  upon  conviction,  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

269.  Selling-  diseased  flesh,  fish  or  fowl — penalty.]  Any 

person  who  shall  sell,  expose  or  offer  for  sale,  within  the  city, 
any  sick  or  diseased  animal,  poultry  or  fish;  or  the  flesh  of  any 
diseased  animal,  fowl  or  fish;  or  any  tainted  or  spoiled  meat, 
or  unsound  and  unwholesome  provisions  whatever,  to  be  used 
or  eaten  for  human  food,  shall,  upon  conviction,  be  fined  not 
less  than  ten  dollars,  nor  more  than  two  hundred  dollars  in 
each  case;  and  the  superintendent  of  police,  or  any  police  or 
health  officer,  may  seize,  take  and  destroy  any  such  meat,  food 
or  drink,  so  exposed  or  offered  for  sale. 

270.  Adulterated  milk — bread  and  provisions — penalty.] 

Any  person  who  shall,  within  the  city,  sell,  expose  or  offer  for 
sale,  any  milk  adulterated  with  water,  chalk,  or  other  substance, 
or  milk  from  diseased  cows;  or  any  adulterated  and  unwhole- 
some bread,  butter,  lard,  cheese,  or  other  provisions,  or  any 
decayed  and  unwholesome  vegetables,  for  human  food,  shall, 
upon  conviction,  be  fined  not  less  than  ten  dollars  nor  more  than 
two  hundred  dollars  for  each  and  every  such  offense.  It  shall 
be  the  duty  of  all  police  officers,  and  of  the  health  inspector, 
to  strictly  enforce  the  provisions  of  this  and  the  preceding  sec- 
tion; and  for  that  purpose  they  shall  have  power  and  authority 
to  enter  all  places  where  any  of  said  mentioned  articles  of  food 
or  drink  may  be  sold  or  offered  for  sale,  and  to  take  samples 
thereof,  and  cause  the  same  to  be  analyzed  or  otherwise  satisfac- 
torily tested. 

271.  Sale  of  poisons  by  druggists — penalty.]  Any  drug- 
gist, pharmacist  or  other  person  who  shall,  in  said  city,  by  him- 
self, clerk  or  servant,  sell  or  deliver  any  arsenic,  strychnine, 
corrosive  sublimate,  prussic  acid,  or  other  substance  or  liquid 
commonly  recognized  as  a deadly  poison,  without  having  the 
name  of  the  drug,  and  the  word  “poison,”  plainly  written  or 
printed  upon  a label  attached  to  the  bottle,  box,  or  package 
containing  the  same;  or  who  shall  deliver  any  of  said  poisons 
to  any  person  under  the  age  of  fifteen  years,  or  to  any  person 
without  satisfying  himself  that  such  poison  is  to  be  used  for  a 
legitimate  purpose,  shall,  in  each  and  every  case,  be  subject 


—15 


410 


GENERAL  ORDINANCES  OF  CITY. 


to  a penalty  of  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars : Provided,  that  nothing  in  this  section  contained 

shall  apply  to  the  sale  or  delivery  of  any  of  said  poisons  as  a 
medicine,  upon  the  prescription  of  any  reputable  physician. 

Article  III. 

SUPERVISION  OF  MILK,  DAIRIES,  HERDS  AND  STABLES. 

272.  Board  to  have  supervision  of  milk  dairies,  etc.]  The 

board  of  health  is  hereby  charged  with  the  supervision  of  the 
milk  supply  of  the  city  of  Springfield,  and  the  management 
and  control  of  all  matters  pertaining  thereto  and  the  inspection 
of  milk,  dairies,  dairy  herds,  cow  stables,  milk  depots  and  all 
places  where  milk  for  human  food  is  stored,  handled,  exchanged, 
sold  or  delivered. 

273.  Suitable  room  to  be  provided,  and  apparatus.]  The 

mayor  and  city  comptroller  are  hereby  authorized  and  directed 
to  provide  a suitable  room  in  the  city  hall  for  the  use  of  the 
board  of  health,  or  the  officer  of  the  board,  and  to  provide  the 
necessary  apparatus,  supplies  and  books,  furniture  and  other 
property  for  the  use  and  conduct  of  the  office,  and  to  replenish 
the  same  when  needed. 

274.  Sanitary  inspector  to  collect  samples  of  milk  and 
cream  and  cause  them  to  be  analyzed  and  tested.]  The  board 

of  health  shall  have  the  health  officer  or  sanitary  inspector  or 
a special  officer  (as  may  hereafter  be  provided  for  by  said  board) 
collect  samples  of  milk  and  cream  in  the  care,  possession,  custody 
or  control  of  dairymen,  milk  vendors,  milk  peddlers,  milk-wagon 
drivers,  and  any  and  all  other  persons  engaged  in  the  sale,  keep- 
ing, storing,  handling,  disposing  of,  transporting,  carrying,  ex- 
changing or  delivering  milk  or  cream.  Said  officer  may  enter 
all  places  where  milk  is  stored,  or  kept  for  sale  and  all  carriages 
used  for  the  conveyance  of  milk  and  take  samples  for  analysis 
from  all  such  places,  or  carriages  or  conve}rances ; and  at  the 
same  time  a portion  of  the  sample  so  taken  shall,  if  the  officer 
taking  the  same  be  requested  so  to  do,  be  sealed  and  delivered 
to  the  owner  or  person  from  whose  possession  the  same  is  taken. 
For  this  purpose  shall  be  furnished  to  such  officer  or  inspector, 


SUPERVISION  OF  MILK,  DAIRIES,  ETC. 


411 


bottles,  corked  and  labeled,  on  the  label  of  which  said  officer 
shall  write  his  name,  the  number  of  the  sample  and  the  name 
and  license  number  of  the  person  or  firm  from  whom  the  sample 
has  been  taken,  so  that  such  person  may  have  the  same  tested, 
or  analyzed  by  a practical  chemist. 

275.  Milk  or  cream  to  meet  requirements — violation — 

penalty.]  The  board  of  health  shall  have  the  samples  collected 
by  the  inspector,  analyzed  or  otherwise  satisfactorily  tested. 
The  result  of  such  analysis  or  test  shall  be  recorded  and  pre- 
served as  evidence.  Whenever  a sample  or  sample^,  so  found 
and  taken  shall  not  correspond  with,  or  shall  be  in  violation  of 
the  requirements  of  this  ordinance  the  person  or  persons,  firm 
or  corporation  in  whose  possession,  care,  custody  or  control  such 
milk  or  cream  be  found,  shall  be  deemed  guilty  of  a misde- 
meanor and  on  conviction  thereof  shall  be  punished  by  a fine 
of  not  less  than  ten  dollars  or  more  than  one  hundred  dollars 
for  each  and  every  offense. 

276.  Samples  of  milk  to  be  analyzed  and  tested.]  All 

samples  of  milk  and  cream  taken  or  brought  to  the  office  of  the 
board  of  health,  by  the  officer  thereof  or  by  any  other  person, 
shall  be  analyzed  or  otherwise  satisfactorily  tested,  and  when- 
ever said  milk  or  cream  so  tested  or  analyzed  shall  be  found 
violative  of  the  provisions  of  this  ordinance,  the  necessary  steps 
shall  be  taken  for  the  prosecution  for  a violation  thereof.  The 
analysis  or  test  herein  required  may  be  made  with  such  instru- 
ments, apparatus,  chemicals  or  other  articles  and  to  such  extent 
as  may,  by  the  board  of  health  be  deemed  necessary. 

277.  Officer  to  inspect  vessels,  cans  and  store  places.]  It 

shall  be  the  duty  of  the  health  officer  or  the  sanitary  inspector 
to  visit,  view  and  inspect  all  places  and  vehicles  in  which  milk 
or  cream  may  be  sold,  offered  for  sale,  stored,  kept,  exchanged, 
delivered  or  disposed  of,  as  well  as  to  inspect,  view  and  examine 
all  vessels,  cans,  receptacles,  packages,  refrigerators  or  compart- 
ments of  store  places  or  buildings  of  any  kind  containing  milk 
or  cream,  and  ascertain  or  examine  the  condition  thereof  with 
reference  to  cleanliness  and  sanitation,  and  is  authorized,  di- 
rected and  empowered,  to  cause  the  removal  and  abatement  of 
any  unfit,  unclean,  or  injurious  condition,  attending  the  keep- 


OEXKKAL  OHDI  NANCES  OF  CITY. 


412 


ing,  storing,  or  possession,  care,  custody  or  control  of  milk  or 
cream  at  and  in  all  places.  Any  person,  firm  or  corporation, 
failing,  neglecting,  delaying  or  refusing  to  obey  or  conform  to 
any  reasonable  order  or  direction  of  said  officer  or  member  of 
the  board  of  health,  shall  be  deemed  guilty  of  a misdeameanor 
and  on  conviction  thereof  shall  be  fined  not  less  than  ten  dollars 
or  more  than  One  hundred  dollars  for  each  and  every  offense. 

278.  Milk  dealers  must  have  license — fees  for  license.] 

]STo  person  or  persons,  firm  or  corporation  or  milk  driver  thereof, 
shall  sell  or  offer  for  sale,  expose  for  sale,  dispose  of,  exchange 
or  deliver,  or  with  the  intent  to.  do  so  as  aforesaid,  have  in  his 
or  their  possession,  care,  custody  or  control,  milk  or  cream  for 
human  food,  without  first  having  been  licensed  to  do  so.  Every 
person  or  persons,  firm  or  corporation  selling  or  disposing  of 
milk  or  cream  shall,  within  fifteen  days  after  the  passage  and 
publication  of  this  ordinance,  and  annually  thereafter,  on  the 
first  day  of  January,  pay  fees  as  follows:  Every  milk  or  cream 

vendor  selling,  offering  for  sale,  exchange  or  deliver,  or  dispos- 
ing of  the  same  in  or  from  any  store,  stand,  booth,  market  place, 
milk  depot,  warehouse,  dairy,  cow  stable,  or  any  building  or 
establishment  of  any  kind,  or  in  or  from  any  wagon,  carriage 
or  other  vehicle  shall  pay  the  sum  of  five  dollars:  Provided , 

however,  that  this  section  shall  not  apply  to  private  persons  who 
owm  one  or  more  cows  and  wrho  sell  milk  to  their-  neighbors  or 
customers  by  peddling  the  same  by  hand.  When  more  than 
one  wragon,  carriage  or  vehicle  is  used  from  which  milk  or  cream 
is  sold  or  offered  for  sale,  there  shall  be  paid  at  the  same  time 
and  in  like  manner  for  each  additional  wagon,  carriage  or  other 
vehicle  the  sum  of  five  dollars..  If  any  person,  firm  or  corpora- 
tion, commence  or  engage  in  the  traffic  handling  of  milk  or 
cream  at  periods  other  than  those  herein  specified,  he  or  they 
shall  before  doing  so,  pay  a proportionate  part  of  the  license 
fee  and  procure  the  license  in  their  case  required,  which  license 
so  issued  as  well  as  other  licenses  herein  required  shall  be  good 
for  a period  ending  with  the  first  day  of  January  following  the 
issuance  and  delivery  thereof.  Ever}7  person,  firm  or  corpora- 
tion, violating  this  section  or  any  of  its  provisions  shall  be 
deemed  guilty  of  a misdemeanor  and  on  conviction  thereof  shall 


SUPERVISION  OF  MILK,  DAIRIES,  ETC. 


413 


be  punished  by  a fine  of  not  less  than  ten  dollars  or  more  than 
one  hundred  dollars  for  each  and  every  offense. 

279.  Licenses  for  dealing  in  milk — how  issued.]  Licenses 
shall  be  issued  in  the  name  of  the  applicants  thereof.  Before 
the  issuance  of  the  license  every  vendor  of  milk  or  cream  shall 
make  a written  application  therefor  on  a printed  form  provided 
for  that  purpose  on  which  shall  be  stated ; 

First — The  name,  residence  and  location  of  the  business  place 
of  the  applicant. 

Second — The  number  of  cans,  if  any,  owned  or  controlled  by 
the  applicant. 

Third — The  number  and  description  of  each  and  every  wagon, 
carriage  or  other  vehicle  used  in  the  milk  and  cream  business. 

280.  Plate  with  number  of  license  to  be  displayed  outside 
of  vehicle.]  No  milk  or  cream  shall  be  sold,  offered  for  sale,  ex- 
changed, delivered,  transported,  conveyed  or  carried  on  any 
wagon,  carriage  or  other  vehicle,  unless  the  owner  or  owners 
thereof,  shall  first  obtain  from  the  city  clerk,  a painted  metal 
plate  eight  inches  long  and  four  inches  wide,  on  which  shall 
be  stamped  the  number  corresponding  with  the  license  and  also 
the  words  “Springfield  Milk  Peddler,”  together  with  the  year 
for  which  the  license  is  issued,  which  plate  the  said  license 
owner  or  owners  shall  cause  to  be  securely  fastened  on  the  out- 
side of  the  box  of  his  vehicle  so  licensed,  or  in  a conspicuous 
place  so  that  the  same  may  be  easily  seen. 

281.  Skimmed  milk  to  be  so  designated  and  tagged.]  Any 

vendor  of  milk  or  cream,  or  any  driver,  servant  or  agent  of  such 
vendor,  who  shall  in  the  city  of  Springfield  sell,  or  offer  for 
sale  any  milk  from  which  the  cream  or  any  part  thereof  shall 
have  been  taken,  shall  offer  and  sell  the  same  as  skimmed  milk 
and  not  otherwise,  and  no  vendor  of  milk  and  no  driver,  servant 
or  agent  of  such  vendor  shall  offer  for  sale  or  sell  or  have  in 
his  custody, . possession  or  control  with  the  intent  to  sell  and 
deliver  the  same,  any  such  milk  from  which  the  cream  or  any 
part  thereof  shall  have  been  taken  unless  the  can,  vessel  or  pack- 
age containing  such  milk  shall  have  conspicuously  attached 
thereto  a steel  or  metal  plate  tag,  on  which  shall  be  engrossed 


414 


GENERAL  ORDINANCES  OF  CITY. 


the  words  “Skimmed  Milk”  in  large,  plain,  distinct  letters; 
said  steel  or  metal  pLate  tag  shall  be  not  less  than  three  inches 
by  five  inches  in  size.  Any  person  or  persons  violating  this 
section  shall  be  deemed  guilty  of  a misdemeanor  and  upon  con- 
viction shall  be  punished  by  a fine  of  not  less  than  ten  ($10) 
dollars  or  more  than  one  hundred  ($100)  dollars. 

282.  Impure,  diluted  and  unhealthy  milk  not  to  be  sold — 
penalty.]  Whoever  by  himself,  or  by  his  servant  or  agent, 
employe,  or  milk-wagon  driver,  or  as  the  servant,  agent,  employe 
or  milk-wagon  driver,  or  any  other  person,  firm  or  corporation, 
sells,  offers  for  sale,  exchange,  delivers,  transports  or  carries 
for  the  purpose  of  sale,  exchange  or  delivery,  or  has  in  his  cus- 
tody, possession,  care  or  control,  with  the  intent  to  sell,  offer 
for  sale,  exchange  or  delivery,  any  milk  or  cream  for  human 
food  which  is  unclean,  diluted,  impure,  unhealthy,  diseased, 
unwholesome,  adulterated  with  any  coloring  matter  or  preserva- 
tive or  not  up  to  the  standard  of  good  quality  provided  for  by 
this  ordinance,  or  milk  to  which  any  water  or  any  foreign  sub- 
stance has  been  added,  or  milk  or  cream  produced  from  sick 
or  diseased  cows,  or  milk  or  cream  produced  from  cows  kept 
in  an  unclean,  fdthy  or  unhealthy  condition,  or  milk  or  cream 
that  has  been  exposed  to,  or  contaminated  or  affected  by  the 
emanations,  discharges  or  exhalations  from  any  human  being, 
or  animals  sick  with  any  contagious  or  any  infectious  disease 
by  which  the  health  or  life  of  any  person  may  be  endangered, 
compromised  or  in  any  way  affected  shall  be  deemed  guilty 
of  a misdemeanor,  and  on  conviction  thereof  shall,  for  the  first 
offense  be  punished  by  a fine  of  not  less  than  ten  dollars  or  more 
than  one  hundred  dollars,  and  for  each  subsequent  offense,  by 
a fine  of  not  less  than  twenty-five  dollars  or  more  than  two 
hundred  dollars. 

283.  Persons  selling  milk  preservatives  to  report  the  same.] 

All  grocerymen,  druggists,  milk-dealers,  or  other  persons  who 
shall  sell  milk  preservatives  of  any  kind  whatever,  shall  keep 
a correct  account  of  the  amount  of  such  preservatives  sold  and 
the  names  of  the  persons  to  whom  sold,  with  the  amount  sold 
to  each  person,  and  shall  report  the  same  to  the  clerk  of  the 
board  of  health  on  or  before  the  last  day  of  each  month.  Who- 


SUPERVISION  OF  MILK,  DAIRIES,  ETC. 


415 


ever  shall  violate  the  provision  of  this  section  shall  be  subject 
to  the  penalties  provided  in  the  preceeding  section.  [Passed 
June  5,  1899. 

* 284.  Grade  of  milk  fixed — milk  under  grade  not  to  be  sold — 
penalty.]  No  milk  shall  be  kept,  sold,  offered  for  sale,  stored 
or  exchanged,  transported,  conveyed,  carried  or  delivered,  or 
with  such  intent  as  aforesaid,  be  in  the  care,  custody,  control 
or  possession  of  any  one  if  it  contains  more  than  eighty-eight 
per  centum  of  watery  fluid  or  less  than  twelve  per  centum  of 
total  milk  solids,  of  which  total  solid  three  per  centum  shall 
be  butter  fat.  Offenders  under  this  section  shall  be  deemed 
guilty  of  a misdemeanor  and  on  conviction  thereof  shall  be 
punished  by  a fine  of  not  less  than  ten  dollars  or  more  than 
one  hundred  dollars  for  each  and  every  offense. 

285.  Grade  of  cream  fixed — cream  under  grade  not  to  be 
sold — penalty.]  No  cream  shall  be  sold,  offered  for  sale,  ex- 
changed or  delivered  or  be  transported  or  carried  for  the  pur- 
pose of  sale,  offering  * for  sale,  exchange  or  delivery  that  shall 
contain  less  than  fifteen  per  centum  of  butter  fat,  or  that  is 
taken  from  impure,  diseased,  unhealthy,  unclean,  adulterated, 
or  unwholesome  milk,  or  milk  to  which  any  foreign  substance 
of  any  kind  has  been  added.  Offenders  under  this  ordinance 
will  be  deemed  guilty  of  a misdemeanor  and  upon  conviction 
thereof,  shall  be  punished  by  a fine  of  not  less  than  ten  dollars 
or  more  than  one  hundred  dollars  for  each  and  every  offense. 

286.  Hotel  and  boarding  house  keepers  subject  to  provisions 
herein.]  Every  hotel  keeper,  restaurant  keeper,  or  boarding 
house  keeper,  who  furnishes  milk  or  cream  to  his  or  her  guests 
or  boarders,  shall  be  in  all  respects  subject  and  amenable  to 
the  provisions  of  this  ordinance,  saving  and  excepting  the  ob- 
taining of  license.  [Passed  July  6,  1897. 

287.  Owners  and  managers  of  herds  to  cause  cows  to  be  in- 
spected.] Any  person,  owning,  controlling,  or  managing,  any 
dairy  herd  within  the  city  of  Springfield,  or  owning,  controlling, 
or  managing  any  dairy  herd  from  which  milk  is  taken  to  be 
sold  within  the  said  city  of  Springfield,  shall  annually  cause 
each  and  every  cow  belonging  to  said  dairy  herd,  and  from 


GENERAL  ORDINANCES  OF  CITY. 


41G 

which  milk  is  taken  to  be  tested  by  or  under  the  supervision  of 
the  State  board  of  live  stock  commissioners  with  tuberculin 
for  the  purpose  of  ascertaining  if  any  of  the  cows  belonging 
to  such  herd  is  affected  with  tuberculosis;  and  said  persons 
shall  annually  file  with  the  milk  inspector  a certificate  from  the 
secretary  of  the  State  board  of  live  stock  commissioners,  cer- 
tifying that  such  dairy  herd  has  been  tested  with  tuberculin, 
and  that  in  the  opinion  of  the  board  such  herd  is  free  from  the 
disease  of  tuberculosis. 

288.  Certificate  to  be  filed  with  milk  inspector.]  It  shall 

be  unlawful  for  any  person,  or  persons,  to  sell,  or  offer  for  sale, 
within  the  said  city  of  Springfield,  any  milk  which  has  been 
taken  from  any  cow,  or  cows,  without  first  filing  with  the  milk 
inspector  a certificate  from  the  secretary  of  the  State  board  of 
live  stock  commissioners,  certifying  that  the  cow  or  cows,  from 
which  such  milk  offered  for  sale  is  taken,  has  within  a year  pre- 
ceding the  date  on  which  such  milk  is  offered  for  sale,  been  tested 
with  tuberculin,  and  that  such  cow  or  cows,  in  the  opinion  of  the 
State  board  of  live  stock  commissioners  is  free  from  the  disease 
of  tuberculosis. 

289.  Milk  from  cows  not  so  inspected  and  certified,  not  to 
be  offered  for  sale — penalty  for  violation.]  Any  person,  or 
persons,  offering  for  sale  within  the  said  city  of  Springfield, 
any  milk  which  has  been  taken  from  any  cow  or  cows  that  have 
not  been  tested,  and  a certificate  filed  as  provided  in  the  two 
preceding  sections,  shall  be  fined  in  the  sum  of  not  less  than 
ten  dollars  nor  more  than  two  hundred  dollars. 

Article  IV. 

THE  HEALTH  INSPECTOR. 

290.  Inspector — by  whom  appointed — term  of  office.]  The 

mayor  is  hereby  authorized  to  appoint,  by  and  with  the  consent 
of  the  city  council,  some  suitable  person  as  health  inspector 
in  and  for  said  city,  who  shall  hold  his  office  for  the  term  of  not 
exceeding  one  year,  or  during  the  pleasure  of  the  mayor  or  city 
council. 

291.  Bond.]  The  health  inspector  shall,  before  he  enters 
upon  the  duties1  of  his  office,  give  bond  to  the  city  in  like  man- 


THE  HEALTH  INSPECTOR. 


417 


ner  and  amount  as  a police  patrolman,  and  he  shall  receive  for 
his  services  the  same  salary  or  compensation  as  is  or  may  be 
allowed,  by  ordinance,  to  police  patrolmen. 

292.  Duties.]  It  shall  be  the  duty  of  the  health  inspector 
to  carry  into  effect  all  ordinances  and  orders  of  the  city  council, 
and  all  orders  of  the  board  of  health,  in  relation  to  the  sanitary 
condition  of  the  city.  He  shall,  upon  view,  or  when  complaint 
may  be  made  to  him,  make  a thorough  examination  of  any  and 
all  premises,  and  cause  all  nuisances  to  be  removed  or  abated 
with  reasonable  promptness. 

293.  Power  and  authority  of.]  Said  inspector  shall  be 
authorized  and  allowed,  at  all  times  of  the  day,  to  enter  into 
any  grocery  store,  meat  shop,  hotel,  boarding  house,  saloon, 
factory,  stable,  or  other  building  within  the  city,  and  to  examine 
the  cellars,  vaults,  sinks,  sewers  or  drains  belonging  thereto; 
also  to  enter  all  lots  or  premises,  and  to  cause  all  stagnant  pools 
of  water  to  be  drained  off,  and  all  ash  heaps  or  dirt  piles  to  be 
removed;  and  he  shall  cause  all  privies,  vaults,  pig-sties,  sinks 
and  drains  to  be  cleansed  and  kept  in  an  inoffensive  condition, 
and  all  dead  animals  and  other  unwholesome  things  to  be  buried 
or  removed  beyond  the  city  limits. 

294.  Refusing  to  abate  nuisance — penalty.]  Whoever 

shall  resist  or  obstruct  ,the  health  inspector  in  the  discharge 
of  his  duties,  or  shall  neglect  or  refuse  to  remove  or  abate  any 
nuisance  from  premises  owned  or  occupied  by  him,  after  being 
notified  to  do  so  by  said  inspector,  shall,  in  either  case,  be  sub- 
ject to  a fine  of  not  less  than  three  dollars  nor  exceeding  twenty- 
five  dollars. 

295.  To  attend  board  meetings.]  The  health  inspector 
shall  attend  all  meetings  of  the  board  of  health,  and  give  them 
such  information  as  he  may  possess  in  regard  to  the  sanitary 
condition  of  the  city.  In  all  cases  when  he  may  be  in  doubt 
concerning  the  exercise  of  his  powers  and  duties,  he  shall  con- 
sult the  mayor  or  city  attorney,  and  be  governed  by  their  in- 
structions. 

296.  Duties  of  police.]  It  shall  be  the  duty  of  the  several 
members  of  the  police  force  to  aid  and  assist  the  health  inspec- 


418 


GENERAL  ORDINANCES  OF  CITY. 


tor,  from  time  to  time,  in  enforcing  the  provisions  of  this  arti- 
cle. 

297.  If  no  inspector  appointed  police  to  perform  the  duties.] 

In  case  of  there  being  no  health  inspector  appointed,  or  of  his 
being  retired  from  active  service  and  pay,  the  duties  herein  re- 
quired of  him  shall  be  performed  by  any  police  patrolman  of 
the  city,  whom  the  mayor  may  designate  for  that  purpose. 

Article  V. 

SUPERVISION  OF  PLUMBING  AND  DRAINAGE. 

298.  Board  to  supervise  plumbing  and  drain  laying — to  keep 

register  of  persons  engaged  in  the  business — and  to  issue  cer- 
tificates.] The  board  of  health  is  hereby  charged  with  the 
supervision  of  plumbing  and  drain  laying  and  all  matters  per- 
taining thereto.  Said  board  is  hereby  authorized  to  register, 
in  a book  kept  for  that  purpose,  the  full  name  and  residence 
and  place  of  business  of  all  persons,  firms  or  corporations,  who 
may  desire  to  engage  in  the  business  or  trade  of  plumbing  and 
drain  laying  in  the  city  of  Springfield,  either  as  masters  or 
workmen,  and  to  issue  such  parties  as  are  found  competent, 
certificates  of  authority  to  do  plumbing  or  drain  laying,  con- 
nected or  to  be  connected  with  the  water  supply  or  the  drainage 
system  of  the  city:  Provided , such  persons,  firms  or  corpora- 

tions shall  have  complied  with  the  conditions  prescribed  in  this 
ordinance.  Said  board  shall  have  power  and  is  directed  to 
suspend,  for  a definite  time,  or  to  cancel,  at  the  direction  of 
the  board  any  certificate  of  authority  granted  hereunder,  if, 
after  notice  and  opportunity  to  be  heard,  the  party  therein 
named  is  found  guilty  of  violating  the  terms  and  conditions  of 
this  ordinance. 

299.  Supervisor  of  plumbing  to  be  sanitary  inspector — 

appointment — qualifications.]  The  mayor,  by  and  with  the 

advice  and  consent  of  the  city  council,  shall  appoint  a supervisor 
of  plumbing  and  drain  laying,  who  shall  hold  office  until  the 
first  Monday  in  May,  and  be  appointed  annually  thereafter, 
who  shall  be  known  as  sanitary  inspector,  and  who  shall  be  a 
journeyman  plumber  of  not  less  than  five  years*  experience  as 
a journeyman,  and  competent  to  design  and  execute  plumbing 


SUPERVISION  OF  PLUMBING  AND  DRAINAGE. 


419 


work.  The  said  inspector  shall  be  in  no  way  connected  with 
any  firm  or  corporation  in  any  capacity,  or  be  interested  finan- 
cially with  said  parties  in  'the  business  of  plumbing  or  drain 
laying. 

300.  Bond — salary.]  The  inspector  of  plumbing  so  ap- 

pointed shall  give  bond  in  the  sum  of  two  thousand  dollars  and 
shall  receive  twelve  hundred  dollars  per  year.  The  bond  re- 
quired to  be  given  under  this  ordinance  must  be  approved  by 
the  city  council. 

301.  Duties.]  It  shall  be  the  duty  of  the  sanitary  inspector 
to  receive  and  examine  all  plans  of  plumbing  and  drainage  sub- 
mitted for  approval.  If  he  finds  them  in  accordance  with  the 
ordinances,  rules  and  regulations  for  the  government  of  plumb- 
ing and  drain  laying,  he  shall  endorse  the  original  plan  or  plans 
as  approved,,  and  issue  a permit  for  the  construction  thereof, 
and  shall  file  in  a convenient  form  for  reference,  the  duplicate 
plan  or  plans.  If  the  plans  submitted  are  not  in  accordance 
with  the  ordinances,  rules  and  regulations,  he  shall  reject  them, 
and  if  requested,  state  the  grounds  of  rejection.  Approval  ox 
rejection  of  plans  shall  be  made  within  two  days  after  date  of 
filing.  He  shall  give  general  information  and  advice  as  to  the 
meaning  and  requirements  of  the  ordinances,  rules  and  regula- 
tions, to  persons  desiring  the  same.  He  shall  investigate  all 
cases  reported  or  referred  to  him  of  bad  or  imperfect  work  or 
material,  old  or  new,  and  report  same  to  the  board  of  health. 
He  shall  report  all  cases  of  violation  or  attempted  violation  of 
the  ordinances,  rules  and  regulations  on  the  part  of  plumbers, 
drain  layers,  builders,  owners  or  agents,  and  under  the  instruc- 
tion of  the  board  prosecute  the  offending  parties.  He  shall 
issue  all  notices  and  certificates  of  registration  and  keep  a record 
of  all  inspections  made,  and  when  the  plumbing  or  drain  laying 
of  any  premises  shall  be  satisfactorily  completed  he  shall  issue 
to  the  party  doing  the  work  a certificate  that  the  same  has  been 
lawfully  and  properly  done.  He  shall  charge  to  the  account 
of  each  plumber  and  drain  layer,  the  fees  for  inspection  herein 
authorized  to  be  charged  for,  and  shall  certify  to  the  president 
of  the  board  of  health,  to  the  comptroller  and  to  the  city  clerk, 
weekly,  the  amount  charged  against  each  deposit  made  by  plum- 
bers and  drain  layers  so  that  such  may  be  transferred  to  the 


proper  funds.  He  shall  fulfill  the  duties  of  the  health  inspec- 
tor as  provided  for  in  the  Revised  Ordinances,  in  the  City  of 
Springfield,  in  chapter  8,  article  IV.  (sections  292  to  296,  in- 
clusive.) 

302.  Persons  engaged  in  plumbing  to  register  with  sanitary 
inspector — to  give  bond,  etc.]  It  shall  be  the  duty  of  every 
person,  firm  or  corporation  desiring  to  engage  in  the  business 
of  plumbing  or  drain  laying  in  the  city  of  Springfield,  to  have 
his,  her  or  their  full  name,  residence  and  place  of  business 
registered  in  a book,  kept  for  that  purpose,  by  the  sanitary  in- 
spector, and  in  case  of  removal  or  change  in  the  firm  to  have 
such  change  made  in  the  register  without  delay.  It  shall  be 
the  duty  of  every  such  party  to  give  bond  in  the  sum  of  two 
thousand  five  hundred  dollars  as  plumbers  and  drain  layers, 
or  one  thousand  dollars  as  drain  layers.  Said  bond  shall  be 
signed  by  two  good  and  sufficient  sureties,  to  be  approved  by 
the  mayor  and  the  city  council  and  filed  with  the  city  clerk, 
and  shall  be  conditional  that  they  will  faithfully  observe  all 
ordinances  of  the  city  pertaining  to  plumbing,  drain  laying  or 
excavations,  and  of  all  rules  and  regulations  established  under 
the  authority  of  such  ordinances,  that  all  plumbing  and  drain 
laying  work  done  by  them,  or  under  their  control  shall  be  exe- 
cuted in  a workmanlike  manner ; that  they  will  employ  no  work- 
men but  such  as  have  certificates  of  registration  as  herein  re- 
quired, that  they  will  indemnify  and  save  harmless,  the  city  of 
Springfield  from  all  accidents  and  damages  caused  by  any 
negligen.ce  of  protection  from  their  work,  or  by  any  unfaithful 
or  inadequate  work  done  by  themselves  or  their  employes;  said 
bond  shall  be  renewed  at  intervals  of  two  years,  or  oftener  if 
the  security  should  be  impaired.  Xo  person,  firm  or  corpora- 
tion not  registered,  or  whose  certificate  of  registration  has  been 
suspended  or  cancelled,  shall  be  given  a permit  to  repair  or 
build  any  sewer,  drain  or  connections  therewith,  or  to  do  any 
work  upon  pipes  or  appurtenances  connected  with  the  water 
works  or  sewerage  system  of  the  city.  It  shall  be  the  duty 
of  every  plumber  and  drain  layer  before  commencing  the  con- 
struction of  new,  or  the  reconstruction  of  old  work,  to  file  in 
the  office  of  the  board  of  health  duplicate  plans  of  the  work 
proposed  to  be  done,  showing  the  whole  course  of  drains,  soil. 


SUPERVISION  OF  PLUMBING  AND  DRAINAGE.  421 

supply  and  waste  pipes,  the  arrangement  and  connections  of 
all  fixtures,  the  position  of  traps,  and  their  ventilation  and  such 
other  details  as  the  sanitary  inspector  may  be  authorized  by 
the  board  of  health  to  require.  Said  plans  to  be  returned  for 
amendment  until  made  satisfactory.  Approval  shall  be  attested 
by  indorsement  on  the  copy  of  the  plans  which  shall  be  returned 
to  the  party  filing  the  same ; a duplicate  copy  being  filed  in  the 
office  of  the  board  of  health.  The  plans  approved  shall  not 
be  varied  from  except  an  amended  plan  is  first  submitted  and 
approved.  The  plans  must  be  accompanied  by  a specification 
of  the  materials  to  be  used. 

303.  To  have  certificate  of  registration  as  a practical  plum- 
ber.] It  shall  be  the  duty  of  every  person  employed  or  work- 
ing at  the  trade  as  plumbers  or  drain  layers,  to  secure  a cer- 
tificate of  registration  as  a practical  plumber  or  drain  layer 
from  the  sanitary  inspector,  and  to  show  such  certificate  to  any 
member  of  the  board  of  health  or  to  any  policeman  on  demand. 
The  certificate  shall  show  and  specify  the  kind  of  work  the  per- 
son to  whom  it  is  given  is  authorized  to  do.  Said  certificates 
shall  be  given  without  charge  for  one  year  from  date  thereof, 
to  all  persons  who  furnish  satisfactory  evidence  of  their  skill 
and  experience  in  the  kind  of  work  the  applicant  desires  to  do. 
Persons  to  whom  a certificate  is  refused  shall  have  the  right  to 
appeal  to  the  board  of  health  and  in  prosecuting  such  appeal 
to  present  oral  and  documentary  evidence  of  fitness.  The 
board  of  health  may,  after  notice  and  opportunity  to  be  heard, 
suspend  any  certificate  for  a definite  period,  or  to  cancel  the 
same  if  the  party  is  found  guilty  of  violating  the  rules  and  regu- 
lations duly  established,  or  is  shown  to  be  negligent,  unskillful 
or  negligent  or  unfaithful  in  his  work,  or  to  be  a person  unfit 
or  unworthy  of  being  trusted  or  employed  in  the  wTork  of 
plumbing  , or  drain  laying.  Work  done  by  an  uncertified  work- 
man, or  by  one  whose  certificate  has  expired,  been  suspended 
or  cancelled,  shall  not  be  inspected  or  accepted  and  the  water 
shall  not  be  turned  on  to  such  work  by  the  superintendent  of 
water  works  or  by  any  of  his  employes.  The  inspector  and 
policemen  are  authorized  to  take  up  and  return  to  the  Board 
any  certificate  found  in  possession  of  persons  other  than  he  to 
whom  it  was  issued,  and  the  inspector  shall  mark  certificates 
which  have  expired,  been  suspended  or  cancelled. 


1 ')') 


GJCNKKAL  ORDINANCES  OF  CITY. 


304.  To  make  deposits  of  inspection  fees.]  It  shall  be  the 

duty  of  every  registered  firm,  person  or  corporation  conduct- 
ing the  business  of  plumbing  or  drain  laying  to  keep  on  deposit 
with  the  city  treasurer  to  the  credit  of  inspections  deposits,  at 
all  times,  a sum  suflicient  to  pay  the  fees  for  inspection  of  work 
done  by  such  persons.  For  each  inspection  of  such  work  the 
sanitary  inspector  shall  charge  the  sum  of  $1  against  said  de- 
posit, and  the  sanitary  inspector  shall  be  the  judge,  subject 
to  the  hoard  of  health,  of  the  number  of  inspections  to  be  made 
and  charged  for  in  any  case.  All  fees  collected  by  virtue  of  this 
ordinance  shall  be  transferred  to  the  health  fund.  No  permits 
shall  be  given  for  sewer  or  water  connections  to  any  parties  who 
have  not  made  the  deposit  herein  required,  or  who  shall  neg- 
lect to  renew  the  deposit  for  five  days  after  being  notified  to 
do  so.  It  shall  be  the  duty  of  every  registered  plumber  or 
drain  layer  to  notify  the  sanitary  inspector  in  writing  when 
work  is  ready  for  inspection,  and  no  work  shall  be  covered  up 
or  in  any  way  concealed  until  it  has  been  inspected  and  ap- 
proved. The  sanitary  inspector  shall  inspect  all  work  within 
two  days  after  his  receiving  notice  of  work  being  ready  for  in- 
spection. Plumbers  shall  also  notify  the  sanitary  inspector 
of  all  extensions  or  alterations  of  fixtures  and  pipes  made  by 
them  so  that  the  same  may  be  inspected. 

305.  Permits  to  be  issued  for  connections  with  water  mains 
or  sewers.]  No  house,  building  or  premises  shall  be  connected 
with  the  water  mains  or  sewers,  or  excavations  made  in  the 
streets  or  alleys  therefor,  without  permits  issued  under  the 
authority  of  the  water  and  sewer  commissioners.  The  condi- 
tions of  such  permits  must  be  strictly  complied  with  as  part  of 
the  rules  and  regulations  governing  plumbing  and  drain  laying. 
All  work  must  be  done  by  the  plumber  or  drain  layer  in  whose 
name  the  permits  given  under  this  ordinance  are  issued.  The 
conditions  of  this  ordinance  shall  apply  to  all  sewers  and  water 
pipes  whether  the  same  are  on  private  property  or  in  public 
streets  and  alleys. 

306.  Drain  laying  and  plumbing  defined.]  Drain  laying  as 
herein  regulated  is  hereb}^  defined  to  include  the  connection  with 
public  or  private  sewers  and  such  pipes  as  may  be  laid  beneath 
the  surface  and  more  than  four  feet  outside  the  foundation 


SUPERVISION  01'  PLUMBING  AND  DRAINAGE. 


423 


walls  of  buildings  to  be  drained,  if  such  building  contains 
plumbing,  or  which  may  be  intended  solely  to  drain  the  foun- 
dation walls,  cellars  and  roof  water  of  buildings  of  which  do 
not  contain  plumbing.  Plumbing  is  hereby  defined  to  include 
the  pipes,  fixtures  and  all  appurtenances  thereto  which  are  used 
to  connect  the  water  to,  and  to  distribute  in  or  about  any 
premises  or  building  for  any  use  whatever,  and  all  pipes  and 
appurtenances  used  or  to  be  used  for  conveying  liquid  water  with- 
in and  to  a distance  of  four  feet  outside  of  the  foundation  walls 
of  any  building,  and  all  pipes  and  appurtenances  used  to  ven- 
tilate the  drains,  fixtures  or  traps  in  any  building.  Also  all 
pipes  and  connections  through  which  gases,  vapors  or  wastes  of 
any  kinds  may  discharge  into  drains  or  sewers. 

307.  Main  drain  in  every  house  to  be  connected  with  sewer.] 

The  main  drain  of  every  house  or  building  shall  be  separately 
and  independently  connected  with  the  street  sewer  where  one 
is  provided;  and  where  there  is  no  sewer  in  the  street,  to  con- 
struct a private  sewer  to  connect  with  one  oh  an  adjacent  street, 
such  sewer  plans  may  be  used  as  may  be  approved  by  the  board, 
but  in  no  case  shall  a joint  drain  be  laid  in  cellars  parallel  with 
street  or  alley.  All  house  drains  laid  beneath  the  ground  in- 
side of  a building  or  beneath  the  cellar  floors  shall  be  of  extra 
heavy  cast  iron  soil  pipe,  with  well  leaded  and  calked  joints. 
Where  the  main  drains  or  connections  thereto  are  run  above 
the  cellar  floors  the  same  must  be  made  with  extra  heavy  cast 
iron  soil  pipe  or  lead.  Outside  of  building  where  the  soil  is  of 
sufficient  solidity  for  a proper  foundation  hard  burned  vitri- 
fied sewer  pipe  may  be  used.  The  sewer  pipe  must  be  laid  on 
a smooth  bottom,  with  a special  groove  cut  in  the  bottom  of  the 
trench  for  each  hub,  and  so  well  rammed  on  each  side  of  the 
pipe  that  it  shall  lay  solid  before  the  cement  joint  is  made. 
The  joints  must  be  filled  and  rounded  off  with  good  cement 
mortar,  made  of  best  cement  and  clear,  sharp  river  sand  mixed, 
of  equal  parts,  cement  and  sand.  The  cement  must  be  mixed 
in  small  quantities  at  a time,  and  used  as  soon  as  made.  No 
drains  shall  be  covered  up  until  they  have  been  inspected. 

308.  Size  of  drains.]  The  house  drains  shall  not  be  less 
than  six  inches  nor  more  than  ten  inches  in  diameter  and  shall 
have  a fall  of  not  less  than  one  quarter  of  an  inch  to  one  foot. 


424  GENERAL  ORDINANCES  OF  CITY. 

inside  drains  must  not  be  less  than  four  inches  for  water 
closets  and  three  inches  for  sinks,  tubs,  etc. 

309.  Cellar  drains — how  constructed.]  Cellar  drains  must 

never  be  connected  with  house  drains,  but  must  be  constructed 
as  follows:  By  a system  of  field  tile  drains  to  a catch  basin 

built  of  brick  and  cement  mortar  and  have  a stone  cover,  the 
outlet  pipe  to  house  drain  to  be  properly  trapped  and  the  inlet 
pipe  from  cellar  drains  to  have  a back  pressure  valve  of  ap- 
proved make. 

310.  Catch  basins  and  cast  iron  traps  to  be  provided.] 

Where  it  is  desired  to  discharge  roof  water  from  residences  or 
overflow  pipes  from  kitchen  or  to  drain  well  sinks  to  house 
drains,  they  must  be  constructed  with  catch  basin  as  provided 
for  cellar  drains.  Where  down  spouts  from  buildings  other 
than  residences  are  to  be  connected  with  drains  or  sewers,  they 
must  be  trapped  with  cast  iron  traps  and  have  cast  iron  pipes 
to  extend  above  the  ground  and  at  least  five  feet  away  from 
the  outlet  of  the  trap  connecting  the  same  with  the  sewer  pipe 
drains. 

311.  Arrangements  of  pipes  to  be  direct.]  The  arrange- 
ments of  all  soil  and  waste  pipes  must  be  as  direct  as  possible, 
all  changes  of  direction  on  horizontal  pipes  shall  be  made  with 
Y branches  1-6  and  1-8  bends. 

312.  Vertical  pipes  to  extend  two  feet  above  roof.]  Every 

verticle  soil  or  waste  pipe  shall  extend  at  least  two  feet  above 
the  roof  and  shall  be  of  undiminished  size  with  the  outlet  un- 
covered, caps  or  cowls  are  prohibited.  Such  soil  pipes  shall 
not  open  near  a window  nor  an  air  shaft  ventilating  living  room. 

313.  Horizontal  pipes  to  be  ventilated.]  Every  branch  or 
horizontal  line  of  soil  pipe  to’  which  two  or  more  water  closets 
are  to  be  connected,  and  every  branch  line  of  horizontal  pipe 
eight  feet  or  more  in  length  to  which  a water  closet  is  to  be 
connected,  shall  be  ventilated  either  by  extending  such  soil  pipe 
undiminished  in  size  to  at  neast  two  feet  above  the  roof  or  to 
che  highest  part  of  the  building  or  by  extending  said  soil  pipe 
and  connecting  it  with  the  main  soil  pipe  above  the  highest  fix- 
ture, or  by  a ventilating  pipe  connected  to  the  crown  of  each 
water  closet  trap  not  less  than  two  inches  in  diameter  which 


SUPERVISION  OF  PLUMBING  AND  DRAINAGE. 


425 


shall  be  increased  one-half  an  inch  in  diameter  for  every  fif- 
teen feet  in  length,  and  connected  with  a special  air  pipe  which 
shall  be  not  less  than  four  inches  in  diameter,  or  by  connecting 
said  ventilating  pipe  to  the  main  soil  pipe  above  the  highest 
fixture. 

314.  Main  soil  drain  pipe  to  have  cast  iron  trap  inside  foun- 
dation walls.]  The  main  soil  or  drain  pipe  must  be  tapped 
inside  the  foundation  walls  with  a cast  iron  trap  and  provided 
with  a hand  hole  or  cover  for  cleaning  out.  A fresh  air  inlet 
pipe  shall  be  run  from  the  inlet  side  of  the  trap  to  a point 
outside  of  the  building  and  at  least  one  foot  above  the  grade 
line.  The  fresh  air  pipe  shall  not  be  less  than  three  inches  in  di- 
ameter. Where  the  trap  is  below  the  cellar  floor  it  shall  be  walled 
up  with  brick  and  a suitable  cover  provided  so  the  trap  will  be 
accessible  at  all  times  for  cleaning  and  repairs.  Where  the 
main  drain  passes  through  or  under  a new  wall  a relieving  arch 
must  be  built  with  a two  inch  clearance  on  the  sides  and  top  of 
the  trap. 

315.  Every  sink,  etc.,  to  be  separately  and  effectively 
trapped.  ] Every  sink,  basin,  bath  tub,  water  closet,  slop 
hopper  and  each  set  of  wash  trays  and  every  fixture  having  a 
waste  pipe  must  be  separately  and  effectively  trapped,  the  trap 
to  be  placed  as  near  the  fixture  it  serves  as  practicable.  All 
traps  (inside  of  buildings  or  covered  with  roof  attached  to  a 
building)  must  be  protected  from  syphonage  by  special  vent 
pipes  of  cast  iron  or  lead,  to  be  in  size  not  less  than  the  outlet 
of  the  traps  they  vent;  and  those  used  to  supply  air  to  traps  of 
one  or  more  water  closets  located  in  the  basement  or  on  the 
first  floor  of  a building,  not  less  than  two  inches  in  diameter. 

316.  No  sheet  metal  or  earthen  pipe  to  be  used.]  No  sheet 
metal,  or  earthen  ware  pipe  or  chimney  fiue  shall  be  used  as  a 
drain  or  trap  vent.  Several  fixtures  may  be  vented  through 
the  same  pipe  where  cast  iron  soil  pipe  is  used  of  sufficient  size. 

317.  Pipes  to  be  sound.]  All  cast  iron  soil  or  vent  pipes 
must  be  sound  and  free  from  holes  and  cracks  and  all  joints 
must  be  made  with  lead  or  oakum.  Connections  with  lead 
waste  pipes  and  traps  or  bends  must  be  made  with  brass  or 
lead  combination  ferrules  and  wipe  joints.  No  cast  iron  soil 
pipes  shall  be  used  of  less  than  the  following  weights : 


42 6 GENERAL  ORDINANCES  OF  CITY. 

Extra  heavy — 2-inch  pipe  per  foot,  5%  pounds;  3-inch  pipe 
per  foot,  91/2  pounds;  4-inch  pipe  per  foot,  13  pounds;  5-inch 
pipe  per  foot,  17  pounds-  6-inch  pipe  per  foot,  20  pounds;  7- 
inch  pipe  per  foot,  27  pounds;  8-inch  pipe  per  foot,  33^  pounds. 

318.  System  of  pipes  to  be  tested.]  The  owner  or  agent  of 
any  building  in  course  of  construction  which  contains  plumb- 
ing must  contract  to  have  the  entire  system  of  soil  and  vent 
pipes  tested,  by  stopping  the  openings  and  filling  the  same  with 
water  to  the  highest  point  of  all  leaks  stopped.  All  defective 
pipes  must  be  removed.  This  test  must  be  made  in  the  pres- 
tence  of  the  sanitary  inspector.  This  applies  to  the  plumbing 
work  in  old  buildings  that  is  being  remodeled. 

319.  Every  safe  must  be  drained  by  a special  pipe.]  Every 

safe  under  a wash  basin,  water  closet  or  other  fixtures  must  be 
drained  by  a special  pipe  not  directly  connected  with  any  soil, 
waste  or  drain  pipe  or  sewer,  but  must  discharge  into  an  open 
sink,  upon  the  .cellar  floor  or  outside  the  house.  The  drain  pipe 
from  refrigerators  shall  not  be  directly  connected  with  the  soil 
or  waste  pipe  or  with  the  drain;  it  should  discharge  into  an 
open  and  water  supplied  sink  if  possible. 

320.  Water  closets  to  be  ventilated.]  Water  closets  must 
never  be  placed  in  an  unventilated  room  or  compartment.  In 
every  case  the  room  or  compartment  must  be  open  to  the  outer 
air  or  be  ventilated  by  means  of  an  air  duct  or  shaft,  of  ap- 
proved size.  Interior  water  closets  shall  not  be  supplied  from 
city  supply  pipes  direct.  All  water  closets  within  the  house 
or  buildings  must  be  supplied  from  special  tanks  or  cisterns. 
Water  closets  when  placed  in  the  yard  must  be  separately 
trapped  and  so  arranged  as  to  be  conveniently  and  adequately 
flushed  and  their  water  supply  pipes  and  traps  must  be  pro- 
tected from  freezing.  The  compartments  of  such  closets  must 
be  ventilated  by  means  of  slatted  openings  in  the  doors  or  roof. 

321.  No  steam  pipe  to  be  connected  with  sewer.]  No 
steam,  exhaust,  blow-off  or  drip  pipe  shall  be  connected  with 
the  sewer  or  any  house  drain,  soil  or  waste  pipe.  Such  pipes 
shall  be  discharged  into  a tank  or  condenser,  from  which  a 
suitable  outlet  to  the  house  drain  shall  be  provided.  No  waste, 
soil  or  drain  pipe  will  be  allowed  to  drain  or  discharge  upon  the 
streets  or  alleys. 


SUPERVISION  OF  PLUMBING  AND  DRAINAGE. 


427 


322.  Wooden  wash  trays  and  sinks  prohibited.]  Wooden 
wash  trays  and  sinks  are  prohibited  inside  of  any  building. 
They  shall  be  of  non-absorbant  material. 

323.  No  catch  basin  in  any  building.]  No  catch  basin  shall 
be  allowed  in  any  building  unless  by  special  permission  of  the 
board. 

324.  Lead  bends  to  be  one-eighth  inch  thick.]  Lead  bends 
or  traps  for  water  closets  shall  not  be  less  than  one-eighth  of 
an  inch  in  thickness. 

325.  Waste  pipes  from  wash  basins — diameter.]  Waste 
pipes  from  wash  basins  shall  not  be  less  than  one  and  one-quar- 
ter inches  in  diameter,  and  for  sinks  and  bath  tubs  shall  not 
be  less  than  one  and  one-half  inches  in  diameter. 

326.  Connections  of  lead  pipes  to  be  wiped.]  All  connec- 
tions of  lead  pipes  shall  be  wiped,  soldered  joint. 

327.  Weight  of  lead  waste  pipes.]  All  lead  waste  pipes 
must  be  of  the  quality  known  to  the  trade  as  ‘Tight.”  No  pipe 
of  lighter  weight  will  be  allowed.  All  supply  pipes  of  lead 
must  be  of  the  quality  known  as  “strong”  or  “extra  strong.” 

328.  Sanitary  inspector  to  enter  premises.]  The  sanitary 
inspector  shall  have  the  right  to  enter  upon  any  premises  con- 
taining plumbing  or  drainage  at  all  reasonable  hours  to  as- 
certain whether  the  provisions  of  this  ordinance  have  been,  or 
are  being  complied  with. 

329.  Plumbers  desiring  to  make  connections  must  get  per- 
mit.] All  licensed  plumbers  desiring  to  make  connection,  ex- 
tensions or  alterations  of  any  water  pipes,  must  first  take  out 
a permit  to  do  so  from  the  superintendent  of  the  water  works, 
and  return  the  same  as  soon  as  the  work  is  finished.  The  water 
must  not  be  left  turned  on  without  the  permission  of  the  super- 
intendent of  the  water  works. 

330.  Penalty  for  violation  of  this  ordinance.]  Any  plum- 
ber or  drain  layer  who  shall  be  guilty  of  violating  any  of  the 
provisions  of  this  ordinance  shall  forfeit  his  license  and  be  sub- 
ject to  a fine  on  conviction  of  not  less  than  ten  dollars  and  not 
more  than  one  hundred  dollars. 


GENERAL  ORDI NANCES  OF  CITY. 


428 

331.  Plumbers  held  responsible  for  acts  of  their  agents.] 

All  licensed  plumbers  shall  be  held  responsibe  for  all  acts  of 
their  agents  or  employes  done  by.  virtue  of  his  or  their  .said  acts. 

332.  Board  of  health  to  enforce.]  Wherever  in  this  ordi- 
nance the  board  is  referred  to  it  shall  be  taken  to  mean  the  hoard 
of  health  of  the  city  of  Springfield,  or  the  officers  or  agents  of 
said  hoard  of  health,  and  the  said  hoard  of  health  is  charged 
with  the  duties  herein  imposed,  as  well  as  the  general  enforce- 
ment of  this  ordinance,  and  the  supervision  of  all  plumbing, 
drainage  and  sewer  work  within  said  city,  so  far  as  it  relates 
to  the  sanitary  condition  of  said  city,  its  buildings,  public  and 
private,  and  the  health  of  the  inhabitants  thereof,  as  imposed 
by  the  laws  of  the  State  of  Illinois. 

i 

Article.  IV. 

MEAT  INSPECTOR. 

333.  Term  of  office  and  qualifications.]  There  is  hereby 
created  the  office  of  meat  inspector  in  the  city,  and  such  inspec- 
tor shall  hold  his  office  for  the  term  of  one  year  and  until  his 
successor  is  appointed  and  qualified.  He  shall  be  a practical 
butcher  who  has  had  not  less  than  five  years  (consecutive)  ex- 
perience in  the  handling  of  dressed  meats  and  shall  be  entirely 
competent  to  detect  diseases  of  animals  intended  to  be  butchered 
and  used  for  human  food. 

[As  amended  July  3,  1893. 

334.  How  and  when  appointed.]  He  shall  be  appointed  on 

the  first  Monday  of  May,  1889,  and  annually  thereafter  by  the 
mayor  by  and  with  the  advice  and  consent  of  the  city  council. 

335.  Bond.]  Before  entering  upon  the  duties  of  his  office 
he  shall  enter  into  bond  with  surety  to  be  approved  by  the  city 
council  in  the  sum  of  two  thousand  dollars,  conditioned  for  the 
faithful  performance  of  the  duties  of  his  office. 

336.  Powers  of.  ] Said  inspector  shall  have  power  to  inspect 
all  fresh  meat  exposed  for  sale  within  the  city,  or  kept  with  in- 
tent to  sell  therein,  and  may  for  this  purpose,  enter  into  any 
building  where  the  same  is  or  may  be  kept  or  exposed  for  sale. 

337.  When  animals  to  be  inspected — penalty  for  non-com- 
pliance.] Xo  person  shall  sell,  offer  or  keep  with  intent  to 


MEAT  INSPECTOR. 


429 


sell,  any  beef,  pork  or  mutton  (except  smoked,  salted  or  pickled 
meats),  for  human  food,  unless  the  animal  from  which  it  is 
taken,  shall  have  been  within  forty-eight  hours  of  the  time  of 
killing,  and  before  it  is  killed,  inspected  by  the  inspector  and  de- 
clared healthy  and  fit  for  human  food : Provided that  nothing 

in  this  section  shall  prevent  "the  sale  of  dressed  meats  shipped 
from  places  where  inspectors  are  provided.  And  provided 
further , that  nothing  in  this  section  shall  prevent  any  bona-fide 
farmer  from  disposing  of  said  meats,  and  any  one  violating  this 
section  shall,  on  conviction,  be  fined  not  less  than  twenty-five, 
nor  more  than  one  hundred  dollars  for  each  offense. 

338.  Where  inspection  to  be  made.]  It  shall  be  the  duty 
of  the  inspector  upon  being  notified  that  any  person  within  the 
city  has  any  animal  wdiich  he  desires  to  kill  for  beef,  pork  or 
mutton  for  human  food,  to  go  at  once  with  all  reasonable  dis- 
patch anywhere  in  the  city  to  inspect  the  same. 

339.  To  be  present  at  meetings  of  board  of  health.]  It  shall 
be  the  duty  of  the  meat  inspector  of  the  city  of  Springfield  to 
be  present  at  the  monthly  meetings  of  the  board  of  health  and 
to  make  a full  and  complete  report  of  all  his  acts  and  doings 
as  such  meat  inspector  to  said  board  of  health  at  its  regular 
monthly  meetings. 

340.  To  inspect  meats  exposed  for  sale  by  farmers  and  ped- 
dlers.] The  meat  inspector  of  the  city  of  Springfield  shall 
inspect  all  meats  offered  or  exposed  for  sale  by  farmers,  peddlers 
or  other  persons  from  wagons  or  other  vehicles,  within  the  limits 
of  said  city. 

341.  Card  attached  to  inspected  meat.]  The  said  inspector 
shall  attach  a card  to  all  meats  inspected  by  him,  upon  which 
card  shall  be  written  in  ink  the  date  of  inspection  and  the  name 
of  the  owner. 

342.  Penalty  for  violation.  ] Any  person  or  persons  offering 
or  exposing  any  meat  for  sale  within  said  city  without  the  pro- 
visions of  this  ordinance  having  been  complied  with,  shall  be 
deemed  guilty  of  a misdemeanor  and  shall  be  subject  to  a fine 
of  ten  dollars  for  each  offense. 


430 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  IX. 


CITY  SCALES— WEIGHTS  AND  MEASURES. 


Article  I.  The  City  Weigher. 

II.  Inspector  of  Weights  and  Measures. 


Article  I. 


THE  CITY  WEIGHER. 


343.  How  and  when  appointed — term  of  office.]  The 

mayor  shall  appoint,  by  and  with  the  advice  and  consent  of  the 
city  council,  on  the  first  Monday  in  May,  1884,  or  as  soon  there- 
after as  may  be,  and  annually  thereafter,  one  city  weigher  in 
and  for  the  city  of  Springfield,  who  shall  hold  his  office  for  the 
term  of  one  year,  and  until  his  successor  shall  be  appointed 
and  qualified:  Provided , that  the  mayor  may  appoint,  from 

time  to  time,  with  the  consent  of  the  city  council,  such  addi- 
tional number  of  city  weighers  as  he  may  think  proper  and 
necessary,  and  may  remove  them  at  his  pleasure. 

344.  Oath — bond.]  The  city  weigher,  before  entering  upon 
the  duties  of  his  office,  shall  take  the  oath  prescribed  by  law 
for  city  officers,  and  shall  execute  a bond  to  the  corporation 
in  the  penal  sum  of  one  thousand  dollars,  with  such  sureties 
as  shall  be  approved  by  the  city  council,  ^conditioned  for  the 
faithful  performance  of  the  duties  of  the  office,  and  the  pay- 
ment of  all  moneys  received  by  him,  according  to  law  and  the 
ordinances  of  said  city. 

345.  Duties  defined.]  Said  weigher  shall  attend  at  the 
city  scales  at  all  reasonable  hours  of  the  day  (Sundays  and 
legal  holidays  excepted),  for  the  purpose  of  weighing  any 
load  of  grain,  hay,  stone  coal,  or  other  article  of  merchandise, 
which  may  be  brought  to  be  weighed.  He  shall  keep  an  ap- 
propriate book,  in  which  he  shall  enter  the  kind  and  weight 
of  each  load  or  part  of  load,  the  name  of  the  person  or  firm 
for  whom,  and  the  date  when,  weighed,  and  shall  give  a certifi- 
cate thereof  to  the  person  applying  for  the  weighing  of  such 
load  or  part  of  load,  which  certificate  shall  be  delivered  to  the 
purchaser  on  sale  or  delivery  of  the  load. 


THE  CITY  WEIGHER. 


431 


346.  How  certificate  to  be  made — failure  to  have  vehicle 

re-weighed — penalty.]  When  the  vehicle  and  load  shall  be 
weighed  together,  the  weigher’s  certificate  shall  state  the  gross 
weight  thereof;  and  upon  sale  or  delivery  of  the  load,  the 
vehicle  shall  be  separately  weighed,  and  the  net  weight  of  the 
load  thus  ascertained;  and  the  city  weigher  shall  compute  and 
enter  upon  the  certificate  the  quantity  of  bushels  or  tons,  or 
parts  thereof,  in  the  load,  if  the  same  be  sold  or  delivered  by 
the  bushel  or  ton:  Provided , that  if  the  vehicle  shall  have 

been  before  weighed,  and  the  weight  thereof  ascertained,  it 
shall  not  be  necessary  to  re-weigh  the  same,  unless  required 
by  the  purchaser  of  the  load,  and  no  charge  shall  be  made  for 
weighing  the  vehicle  in  order  to  ascertain  the  net  weight  of 
the  load.  Whoever  shall  neglect  or  refuse  to  have  his  vehicle 
re-weighed  after  sale  and  delivery  of  the  load  thereof,  when 
required  by  the  purchaser,  shall  be  subject  to  a penalty  of  five 
dollars  for  every  such  offense. 

347.  Deduction  in  weights.]  In  weighing  hay,  a deduction 
of  one  hundred  pounds  shall  be  made  for  the  pole  fastening 
the  load,  until  it  shall  be  returned  and  weighed;  and  in  weigh- 
ing stone  coal  a suitable  deduction  shall  be  made  for  slate, 
coal  dust  and  other  impurities,  and  in  all  cases  due  allowance 
shall  be  made  for  mud,  water,  or  other  substances  not  belong- 
ing to  the  load.  The  weight  or  quantity  of  all  articles  shall 
be  computed  in  accordance  with  the  laws  of  this  State  in  rela- 
tion to  weights  and  measures.* 


* Sec.  5.  ‘ ‘The  hundred  weight  shall  consist  of  one  hundred  pounds,  and  twenty 

such  hundred  weights  shall  constitute  a ton. 

Sec.  6.  ‘ ‘Contracts  hereafter  to  be  executed,  made  within  this  State,  for  work 
to  be  done,  or  for  anything  to  be  sold  or  delivered,  done  or  agreed  for,  by  weight 
or  measure,  shall  be  taken  and  construed  to  be  made  according  to  the  standard 
weight  and  measure  thus  ascertained. 

Sec.  7.  ‘ ‘Whenever  any  of  the  following  articles  shall  be  contracted  for,  or  sold 

or  delivered,  and  no  special  contract  or  agreement  shall  be  made  to  the  contrary, 
the  weight  per  bushel  shall  be  as  follows,  to-wit: 


ARTICLE.  POUNDS. 

Stone  coal 80 

ARTICLE.  POUNDS. 

Buckwheat 52 

Unslacked  lime 80 

Corn  in  ear 70 

Wheat 60 

Irish  potatoes 60 

White  beans 60 

Clover  seed 60 

Onions 57 

Coarse  salt 50 

Barley 48 

Corn  meal 48 

Castor  beans 46 

Timothy  seed 45 

Hemp  seed 44 

Malt.  38 

Shelled  corn 56 

Rye 56 

Dried  peaches 33 

Oats.  32 

Flax  seed 56 

Sweet  potatoes 50 

Turnips 55 

Fine  salt 55 

Dried  apples 24 

Bran .20 

Blue  grass  seed 14 

Hair  (plastering) 8 

GENERAL  ORDINANCES  OF  CITY. 


432 

348.  Scales  to  be  tested  monthly.]  The  city  weigher  shall 

test  the  accuracy  of  his  scales  monthly,  or  oftener  if  he  has  rea- 
son to  think  them  inaccurate.  He  shall  keep  them  in  good  order, 
and  cause  the  same  to  he  repaired  when  needed;  but  no  expense 
shall  be  incurred  therefor  exceeding  five  dollars,  without  the  con- 
sent of  the  mayor  or  comptroller. 

349.  Comptroller  to  furnish  books  and  blanks.]  The  city 

comptroller  shall  procure  the  necessary  book  or  books  and  printed 
blank  certificates  for  the  use  of  the  weigher,  and  shall  number  the 
certificates  and  deliver  them  to  him,  taking  his  receipt  therefor, 
and  charging  him  at  the  rate  of  not  exceeding  ten  cents  for  each 
blank  certificate,  and  crediting  him  from  time  to  time  with  the 
treasurer’s  receipts  filed  by  him,  and  other  proper  credits. 

350.  Shall  make  monthly  report  to  council — shall  pay  over 
money  to  treasurer.]  It  shall  be  the  duty  of  the  city  weigher, 
on  the  first  Monday  in  each  month,  to  report  to  the  city  council, 
in  writing,  the  number  of  certificates  issued  by  him,  and  the 
amount  of  money  received  for  weighing  during  the  preceding 
month,  and  he  shall  at  the  same  time  pay  such  amount  into  the 
city  treasury. 

351.  May  appoint  deputy.]  In  case  of  the  temporary  ab- 
sence or  disability  of  the  city  weigher,  he  may,  at  his  own  ex- 
pense, appoint  a deputy,  who,  during  such  absence  or  disabil- 
ity, shall  perform  the  duties  of  city  weigher ; but  the  said  weigher 
and  his  sureties  shall  be  responsible  for  the  acts  of  such  deputy. 

352.  Refusal  to  weigh  when  fees  tendered — penalty.]  Any 

city  weigher,  who  shall  neglect  or  refuse  to  weigh  any  load  of 
grain,  hay,  stone  coal,  or  other  article  of  merchandise  presented 
to  be  weighed,  upon  request  and  tender  of  the  lawful  fees;  or 
who  shall  knowingly  give  any  false  or  fraudulent  certificate  of 
weight  to  any  person,  shall,  upon  conviction,  be  fined  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  in  each 
case,  and  shall  also  be  subject  to  removal  from  office. 

353.  Weigher  not  to  buy  hay  or  stone  coal.]  No  person 

shall  be  appointed  to,  or  be  competent  to  hold,  the  office  of  city 
weigher,  who  shall  at  the  time  thereof  be  directly  or  indirectly 
engaged  in  the  business  of  buying,  selling  or  delivering  hay  or 
stone  coal. 


INSPECTOR  OF  WEIGHTS  AND  MEASURES.  433 

354.  No  person  shall  alter  certificate — penalty.]  No  person 
shall  alter  any  certificate  of  any  city  weigher,  or  use  or  attempt 
to  use  the  same  for  any  other  load  or  parcel  than  the  one  for 
which  it  was  given;  nor  shall,  after  the  weighing  and  before 
the  sale  and  delivery  of  any  load  or  parcel,  lessen  or  diminish 
the  quantity  thereof,  under  a penalty,  in  each  case,  of  not  less 
than  ten  dollars,  nor  more  than  one  hundred  dollars.  It  shall 
be  the  duty  of  the  city  weigher  to  use  due  diligence  in  detecting 
any  such  fraud  or  deceit,  and  to  prosecute  all  persons  guilty  of 
the  same. 

Article  II. 

INSPECTOR  OF  WEIGHTS  AND  MEASURES. 

355.  How  and  when  appointed.]  There  shall  be  annually 
appointed  by  the  mayor,  by  and  with  the  advice  and  consent  of 
the  city  council,  at  the  time  of  appointing  other  city  officers, 
one  inspector  of  weights  and  measures  in  and  for  the  city  of 
Springfield,  who  shall  hold  his  office  for  the  term  of  one  year, 
and  until  his  successor  shall  be  appointed  and  qualified. 

356.  Oath — bond.]  Said  inspector  shall,  before  entering 
upon  the  duties  of  his  office,  take  the  oath  required  by  law  of 
city  officers,  and  shall  give  bond  to  the  corporation  in  the  penal 
sum  of  one  thousand  dollars,  with  sureties  to  be  approved  by 
the  city  council,  conditioned  for  the  faithful  performance  of 
the  duties  of  the  office. 

357.  Comptroller  to  procure  standards — sealed  by  county  or 
state  sealer.]  The  city  comptroller  shall  procure,  at  the  ex- 
pense of  the  city,  correct  and  approved  standards  of  weights 
and  measures,  comprising  a full  set  thereof,  of  the  standard 
adopted  by  the  Statutes  of  the  State  of  Illinois;  and  he  shall 
cause  each  of  the  weights,  measures,  scales  and  beams  so  pro- 
cured to  be  tested  and  sealed  by  the  county  or  State  sealer,  and 
the  same  shall  be  used  by  said  inspector  of  weights  and  meas- 
ures for  testing  the  weights  and  measures  of  said  city. 

358.  When  inspection  is  to  be  made — stamp  to  be  used.] 

It  shall  be  the  duty  of  the  • inspector  of  weights  and  measures, 
once  in  each  calendar  year  to  inspect,  where  situate,  and  test 
the  accuracy  of  all  weights,  measures,  balances,  scales,  beams 


434 


GENERAL  ORDINANCES  OE  CITY. 


and  other  instruments  used  for  weighing  or  measuring  any  ar- 
ticle for  sale  within  said  city,  and  to  stamp  with  a suitable 
stamp  or  seal  all  weights,  measures,  scales,  beams,  balances  or 
other  instruments  found  to  be  correct,  and  to  deliver  to  the 
owners  thereof  certificates  of  their  accuracy.  The  stamp  used 
by  him  shall  be  provided  by  the  city,  and  it  shall  indicate  the 
date  of  inspection,  and. that  the  weight  or  measure  on  which 
it  is  placed  is  correct. 

359.  Shall  inspect  by  request  regardless  of  previous  inspec- 

tion.] .It  shall  also  be  the  duty  of  said  inspector,  whenever 
complaint  is  made  to  him  by  any  person  interested,  or  when- 
ever he  shall  have  reason  to  believe  that  any  weight,  measure, 
scale,  beam,  balance  or  other  instrument  used  for  weighing 
or  measuring  in. said  city  is  incorrect,  or  whenever  thereto  re- 
quested by  the  owner  or  person  using  any  such  weight  or  meas- 
ure, to  inspect  and  test  the  same  without  regard  to  the  date 
of  any  previous  inspection : Provided , that  said  inspector  shall 

not  be  entitled  to  charge  for  any  inspections,  but  the  inspec- 
tor of  weights  and  measures  shall  be  entitled  to  the  same  fees 
as  paid  the  city  weigher,  to  be  paid  out  of  the  city  scales  fund, 
and  that  he  shall  inspect  all  city  scales  free  of  charge. 

360.  Shall  condemn  when  incorrect — penalty  to  use  when 
incorrect.]  If  the  inspector  of  weights  and  measures  shall, 
upon  examination,  find  any  weight,  measure,  balance,  scale, 
beam,  or  other  instrument  used  in  weighing  or  measuring,  to 
be  incorrect  or  untrue,  he  shall  condemn  the  same,  and  forth- 
with notify  the  owner  or  user  thereof  of  such  condemnation, 
and  the  use  of  any  weight,  measure,  balance,  scale,  beam  or 
other  instrument  so  condemned  is  hereby  prohibited,  until  the 
same  shall  have  been  corrected  and  sealed  by  said  inspector,  un- 
der a penalty  to  the  offender  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  each  offense. 

361.  Shall  keep  register  of  inspections  made  and  make  an- 
nual report  to  council.]  Said  inspector  shall  keep  in  a book, 
to  be  provided  by  the  city  for  that  purpose,  a regular  register 
of  all  weights,  measures,  balances,  scales,  beams  or  other  in- 
struments used  for  weighing  or  measuring,  inspected  and  tested 
by  him,  in  which  he  shall  set  forth  the  names  of  the  owners 
of  the  same,  respectively,  and  whether,  on  inspection,  they  were 


INSPECTOR  OF  WEIGHTS  AND  MEASURES. 


435 


found  to  conform  to  the  State  standard  or  not;  and  he  shall, 
within  ten  days  after  the  completion  of  each  annual  inspec- 
tion, make  out  and  submit  a copy  of  such  register  to  the  city 
council,  which  copy  shall  be  filed  and  preserved  in  the  office  of 
the  city  comptroller. 

362.  Shall  not  use  weights  and  measures  not  inspected — 
penalty.]  From  and  after  the  first ’day  of  November,  1884, 
no  person  shall,  within  said  city,  use  for  weighing  or  measuring 
articles  for  sale,  any  weight,  measure,  scale,  beam,  balance  or 
other  instrument,  unless  the  same  shall  have  been  inspected, 
tested  and  stamped  by  the  city  inspector  of  weights  and  meas- 
ures, under  a penalty  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars  for  each  offense. 

363.  Shall  have  access  to  building,  etc., — penalty  for  re- 
fusal.] Said  inspector  shall,  during  ordinary  business  hours, 
have  access  to  all  buildings,  rooms  or  places  within  the  city, 
where  any  weights,  measures,  balances,  scales  or  beams,  used 
for  weighing  or  measuring,  are  kept;  and  any  person  refusing, 
upon  demand,  to  exhibit  to  the  inspector,  for  inspection,  any 
and  all  weights,  measures,  scales,  beams,  balances  or  other  in- 
struments used  or  owned  by  him,  or  who  shall  in  any  manner 
hinder,  obstruct  or  delay  said  inspector  in  the  performance  of 
any  of  his  duties,  as  prescribed  in  this  article,  shall,  upon  con- 
viction, be  fined  not  less  than  ten  dollars  nor  more  than  fifty 
dollars  for  each  offense. 

364.  Shall  keep  an  office  and  deliver  register,  etc.,  to  suc- 
cessor, etc.]  It  shall  be  the  duty  of  said  inspector  to  keep  an 
office  within  the  city,  and  to  designate  thereat,  by  card  or  other- 
wise, the  hour  or  hours  of  each  day  when  he  may  be  found  in 
his  office.  Upon  the  expiration  of  his  term  of  office,  or  his  resig- 
nation thereof  or  removal  therefrom,  he  shall  forthwith  de- 
liver to  his  successor  in  office,  or  to  the  city  comptroller,  his 
book  of  registry,  together  with  all  standard  beams,  weights  and 
measures  in  his  possession,  belonging  to  said  city. 

365.  Must  conform  to  standard — penalty.]  Whoever  shall 
use  in  weighing  or  measuring  any  article  for  sale,  within  said 
city,  any  weight,  measure,  scale,  beam,  balance  or  other  instru- 
ment, which  does  not  conform  to  the  standard  adopted  and  pre- 


43G 


GENERAL  ORDINANCES  OF  CITY. 


scribed  by  the  Statutes  of  the  State  of  Illinois;  or  whoever 
shall  give  a less  quantity  of  any  article  or  thing  sold  than  is 
contracted  or  paid  for  by  the  purchaser,  computing  by  the 
standard  and  mode  of  weighing  or  measuring  prescribed  in  the 
statutes  aforesaid,  for  the  article  so  sold,  shall  be  subject  to  a 
fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  each  offense.  • 


CEMETERIES,  INTERMENTS  AND  PERMITS. 


437 


CHAPTER  X. 

CEMETERIES  AND  INTERMENTS. 

Article  I.  Cemeteries,  interments  and  burial  permits. 

II.  Oak  Ridge  Cemetery. 

Article  I. 

CEMETERIES,  INTERMENTS  AND  BURIAL  PERMITS. 

366.  Prohibits  establishing,  extending  or  using  in  city — 
penalty.]  No  cemetery  or  burying  ground  shall  hereafter  be 
established  within  the  corporate  limits  of  the  city  of  Spring- 
field,  or  within  one  mile  thereof;  nor  shall  any  cemetery  or 
burying  ground  heretofore  established  within  said  city  be  ex- 
tended or  enlarged,  or  used  for  burial  purposes,  under  a pen- 
alty, in  each  and  every  case,  of  not  less  than  one  hundred  dol- 
lars, nor  more  than  two  hundred  dollars;  and  any  cemetery 
so  established,  extended  or  enlarged,  is  hereby  declared  a 
nuisance. 

367.  Unlawful  to  bury  within  city — penalty.]  It  shall  be 
unlawful  to  make  any  interment  or  bury  the  dead  body  of  any 
person  in  the  cemetery  known  as  the  “Old  City  Graveyard,”  or 
in  any  other  place  within  said  city;  and  whoever  shall  violate 
any  provision  of  this  section  shall,  upon  conviction,  be  fined  not 
less  than  twenty-five  dollars,  nor  more  than  two  hundred  dollars 
for  each  offense. 

368.  Prohibits  discharge  of  firearms  within- — penalty.] 

Whoever  shall  hunt,  discharge  fire-arms,  set  off  or  explode  fire- 
works, or  otherwise  trespass  upon  any  cemetery  or  burying 
ground  within  the  city  of  Springfield,  or  within  or  under  the 
jurisdiction  of  the  city  council  of  said  city,  shall  be  subject 
to  a fine  of  not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars  for  each  and  every  offense. 


438  GENERAL  ORDINANCES  OF  CITY. 

369.  Injury  to  monuments,  tombstones,  etc. — penalty  for.] 

Whoever  shall  remove  or  carry  away,  or  shall  willfully,  ma- 
liciously or  negligently  break,  deface,  destroy,  or  otherwise  in- 
jure any  monument,  tombstone,  tree,  shrub,  plant,  vase,  rail- 
ing, fence,  gate,  or  any  other  property,  article  or  thing  belong- 
ing to,  or  placed  or  erected  in,  the  cemetery  known  as  Oak 
Ridge  Cemetery,  or  belonging  to  or  placed  or  erected  in  any  cem- 
etery or  burying  ground  within  said  city,  or  within  the  juris- 
diction of  the  city  council  thereof;  or  whoever  shall  pluck  any 
flowers  therein,  or  trespass  upon  or  maltreat  any  grave  therein, 
or  violate  any  of  the  established  rules  and  regulations  for  the 
government  of  any  such  cemetery,  shall  be  subject  to  a fine 
of  not  less  than  five  dollars  nor  exceeding  one  hundred  dollars 
for  each  and  every  offense;  and  shall  also  be  liable,  in  a sepa- 
rate suit,  for  the  cost  and  expense  of  repairing  any  injury  or 
damage  so  done  or  committed.  1 

370.  Board  shall  manage.]  The  board  of  managers  of  Oak 
Ridge  Cemetery  shall  have  the  charge,  management  and  con- 
trol of  the  old  city  graveyard,  and  it  shall  be  the  duty  of  said 
board  to  see  that  the  grounds  belonging  to  the  same  are  prop- 
erly cared  for  and  protected. 

371.  Superintendent  to  make  reports — penalty  for  failure.] 

The  superintendent  or  other  person  in  charge  or  control  of  any 
cemetery,  now  or  hereafter  to  be  established  and  maintained, 
within  or  under  the  jurisdiction  of  the  city  council  of  said  city, 
shall,  on  or  before  the  first  Monday  in  each  month,  make  out 
and  fumsh  to  the  city  clerk  a statement  in  writing,  showing 
the  number  of  interments  made  in  such  cemetery  during  the 
preceding  month,  with  the  name,  sex  and  color  of  each  person 
so  interred,  the  date  of  the  death,  the  disease  or  cause  of  death, 
and,  when  practicable,  and  can  be  ascertained,  the  age,  occupa- 
tion, nativity  and  residence  of  the  deceased;  and  any  superin- 
tendent or  other  such  person  neglecting  or  refusing  to  comply 
with  the  requirements  of  this  section,  shall  incur  a penalty  of 
ten  dollars  for  every  such  neglect  or  refusal. 

372.  No  burial  without  permit  from  city  clerk.]  No  burial 
or  interment  of  any  person  shall  take  place  in  and  from  the  city 
of  Springfield,  nor  shall  the  dead  body  of  any  person  be  removed 
from  said  city,  without  a permit  for  such  burial  or  removal 


CEMETERIES,  INTERMENTS  AND  PERMITS. 


439 


shall  have  been  first  procured  from  the  city  clerk,  in  the  manner 
hereinafter  provided. 

373.  Applicant  for  permit  to  file  certificate  of  physician,  etc.  ] 

Any  person  applying  for  a burial  permit  shall  file  with  the  city 
clerk  of  said  city  a certificate,  in  writing,  signed  by  the  attend- 
ing physician,  or  coroner  in  the  case,  stating  the  name,  age, 
sex,  nativity,  residence,  and  occupation  of  the  deceased,  if 
known,  and  the  cause  or  manner  of  the  death;  and  in  case  of 

' any  death  where  there  has  been  no  attending  physician  or  coro- 
ner, the  certificate  shall  be  signed  by  the  parent  of  the  deceased ; 
or,  if  none,  by  some  member  of  the  family  not  a minor;  or,  if 
none,  by  the  resident  householder  where  the  death  shall  occur ; or, 
if  none,  by  any  reputable  citizen  acquainted  with  the  facts  and 
circumstances  of  the  death.  Upon  the  filing  of  such  certificate, 
the  clerk  shall  issue  a burial  certificate  to  the  applicant  there- 
for, but  under  no  other  circumstances  whatever. 

374.  Duties  of  city  clerk.]  It  shall  be  the  duty  of  the  city 
clerk  to  enter  in  a suitable  book,  to  be  kept  in  his  office  for  that 
purpose,  a record  of  all  permits  so  issued,  specifying  the  date 
of  issue,  and  to  whom  issued,  together  with  all  the  items  of  in- 
formation contained  in  the  certificates  upon  which  such  permits 
were  issued.  He  shall,  on  the  first  Monday  in  each  month,  sub- 
mit to  the  city  council  a report,  in  writing,  stating  the  number 
of  burial  permits  issued,  the  number  of  interments  in  each  cem- 
etery, with  the  cause  of  death,  and  such  other  facts  as  may  be 

•of  public  interest  or  benefit;  and  he  shall,  at  the  same  time, 
forward  to  the  county  clerk  of  Sangamon  county  a copy  or 
transcript  of  all  said  certificates  received  by  him  during  the 
preceding  month. 

375.  Forged  certificate — penalty.]  Any  undertaker,  super- 
intendent or  other  person,  engaged  or  concerned  in  any  burial 
or  interment  in  violation  of  the  provisions  of  this  article;  or 
who  shall  forge  the  name  of  any  physician,  coroner  or  clerk  to 
a certificate  of  death  or  a burial  permit,  and  the  officers  or  em- 
ployes of  any  transportation  company,  or  any  other  person  or 
persons  engaged  in  the  removal  of  any  dead  body  from  said  city, 
contrary  to  the  provisions  hereof,  shall,  on  conviction,  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars 
for  each  offense. 


GENERAL  ORDINANCES  OF  CITY. 


440 


Article  II. 

OAK  RIDGE  CEMETERY. 

376.  Oak  Ridge  Cemetery — location  of,  etc.]  Lots  numbered 
live  (5),  six  (6),  seven  (7),  and  the  south  half  of  lot  four  (4), 
in  the  sub-division  of  the  east  half  of  the  northeast  quarter  of 
section  twenty-one  (21),  containing  forty  acres;  also  a tract 
of  twenty-seven  acres  and  fifty-nine  hundredths  of  an  acre,  in 
the  northeast  quarter  of  the  southeast  quarter  of  section  twenty- 
one  (21)  ; also  a tract  of  seven  acres  in  the  southeast  part  of 
the  west  half  of  the  northeast  quarter  of  said  section  twenty- 
one  ; also  a tract  of  four  acres  and  eight  hundredths  of  an  acre, 
being  a part  of  the  west  half  of  the  east  half  of  the  southeast 
quarter  of  the  same  section — all  lying  and  being  in  township 
sixteen  (16)  north,  range  five  (5)  west  of  the  third  principal 
meridian,  in  the  county  of  Sangamon  and  State  of  Illinois, 
containing  in  all  seventy-eight  and  sixty-seven  hundredths 
acres  of  land,  more  or  less,  shall  be  and  are  hereby  dedicated 
and  forever  set  apart  for  the  burial  of  the  dead;  and  the  same, 
together  with  such  additions  as  may  hereafter,  from  time  to 
time,  be  made  thereto,  shall  constitute  and  be  known  as  the  Oak 
Ridge  Cemetery. 

377.  Plat  approved.]  The  plat  thereof  heretofore  made, 
subdividing  the  cemetery  grounds  into  divisions,  blocks,  squares 
and  lots,  designated  and  numbered  thereon,,  having  been  ap- 
proved by  the  city  council,  and  recorded  in  the  recorder’s  office 
of  Sangamon  county,  is  hereby  declared  to  be  the  lawful  plat  of 
said  Oak  Ridge  Cemetery,  and  the  same  shall  not  be  changed 
except  by  order  of  the  city  council. 

BOARD  OF  MANAGERS. 

378.  Board  of  managers — how  and  when  appointed — term 
of  office.]  The  mayor  shall  appoint,  by  and  with  the  advice 
and  consent  of  the  city  council,  on  the  first  Monday  in  May, 
1884,  or  as  soon  thereafter  as  may  be,  and  annually  thereafter, 
five  suitable  persons,  who  shall  be  lot  owners  in  said  ceme- 
tery, and  residents  and  legal  voters  of  the  city  of  Springfield, 
who  shall  constitute  and  be  known  as  “The  Board  of  Managers 
of  Oak  Ridge  Cemetery.”  They  shall  severally  hold  their  of- 


BOARD  OF  MANAGERS. 


441 


fices  for  the  term  of  one  year,  and  until  their  successors  shall 
be  appointed  and  qualified. 

379.  Oath — bond.]  The  members  comprising  said  board, 
before  entering  upon  their  official  duties,  shall  severally  take 
the  oath  prescribed  by  law  for  city  officers,  and  shall  each  exe- 
cute a bond  to  the  city  of  Springfield  in  the  penal  sum  of  five 
hundred  dollars,  with  sureties  to  be  approved  by  the  city  coun- 
cil, conditioned  for  the  faithful  performance  of  the  duties  of 
the  office. 

380.  Quorum — meetings — by-laws,  rules,  etc. — officers  and 
duties.]  A majority  of  the  board  of  managers  shall  constitute 
a quorum  for  the  transaction  of  business;  and  they  shall  hold 
general  or  special  meetings,  at  the  council  chamber,  as  often 
as  once  a month,  and  at  such  other  times  as  they  may,  by  order, 
direct.  They  may  make  and  establish  such  by-laws,  rules  and 
regulations  as  may  be  necessary  for  their  own  government,  and 
the  full  and  complete  execution  of  their  powers  and  duties. 
Said  board  may  appoint  one  of  their  number  president,  and 
another  secretary,  of  the  board,  and  such  secretary  shall  keep 
a faithful  record  of  their  proceedings  in  a suitable  book  to  be 
provided  by  the  city  for  that  purpose,  and  he  shall  carefully 
file  and  preserve  all  papers,  vouchers  and  records  pertaining 
to  the  transactions  of  the  board. 

381.  Board  to  control,  supervise,  etc.]  The  board  of  mana- 
gers shall  have  the  control,  charge  and  superintendence  of  said 
cemetery  and  its  appurtenances,  and  shall  supervise  and  direct 
the  ornamenting,  adorning,  embellishing,  laying  out  and  im- 
proving the  grounds  thereof,  and  the  avenues,  walks  and  squares 
therein,  and  may  cause  to  be  erected  or  provided  all  such  build- 
ings, vaults  or  other  fixtures  as  may  be  necessary  and  proper 
for  the  convenient  use  of  the  cemetery;  and  for  that  purpose 
may  employ  such  laborers  or  workmen,  and  purchase  or  con- 
tract for  such  materials,  as  they  may  deem  necessary.  But  no 
member  of  the  board  shall  be  a contractor  for,  or  interested 
in,  any  contract  for  work  upon  said  cemetery,  or  in  the  furnish- 
ing of  labor  or  materials  therefor. 

382.  Board  to  appraise  lots,  etc. — list  and  file  same  with 
city  clerk — sell,  etc.]  Said  board  of  managers  shall  appraise 


—16 


442 


GENERAL  ORDINANCES  OF  CITY. 


the  squares  and  lots  remaining  unsold  in  said  cemetery,  and 
shall,  from  time  to  time,  when  deemed  necessary  or  expedient, 
re-appraise  such  as  may  remain  unsold;  but  no  square  shall 
he  appraised  by  them  at  less  than  fifty  dollars,  or  half  square 
at  less  than  twenty-five  dollars.  They  shall  cause  a list  of  the 
squares  and  lots  appraised  by  them,  with  the  amount  at  which 
each  square  or  lot  is  appraised  set  opposite  thereto,  to  be  filed 
in  the  office  of  the  city  clerk,  and  no  square,  half  square  or  lot 
shall  be  sold  for  less  than  the  appraisal  affixed  thereon  by  said 
board.  When  two  or  more  persons  shall  apply  at  the  same  time 
for  the  same  square,  half  square  or  lot,  it  shall  be  put  up  by  the 
city  clerk,  and  sold  to  the  highest  responsible  bidder. 

383.  Board  to  expend  receipts — no  debts  to  be  incurred  in 

advance  of  receipts.]  All  receipts  on  account  of  said  cemetery, 
whether  arising  from  the  sale  of  squares  or  lots  therein,  from 
donations,  from  appropriations  from  the  city  treasury,  or  other- 
wise, shall  be  exclusively  expended  and  applied,  under  the  di- 
rection and  control  of  the  board  of  managers,  to  the  preserving, 
protecting,  extending,  laying  out,  improving  and  ornamenting 
the  grounds  of  the  cemetery:  Provided , that  the  board  shall 

not  expend  the  moneys  belonging  to  the  cemetery  fund  in  ad- 
vance of  the  receipts  thereof,  nor  incur  any  debts  on  account  of 
said  cemetery  without  the  prior  consent  of  the  city  council. 

384.  City  clerk  to  keep  plat  of  grounds  and  all  records.] 

The  city  clerk  shall  keep  an  accurate  plat  of  the  cemetery 
grounds,  and  also  a record  in  numerical  order  of  the  blocks  or 
squares  in  each  division,  with  separate  columns  ruled  therein  for 
the  entry  of  the  amount  of  appraisal,  the  name  of  the  pur- 
chaser, the  amount  sold  for,  and  the  date  of  sale;  and  an  ad- 
ditional column  shall  be  ruled  for  the  entry  of  any  reappraisal 
which  may  be  made.  When  any  block  or  square,  or  part  there- 
of shall  be  sold,  the  clerk  shall  make  an  entry  of  the  name  of 
the  purchaser,  the  amount  sold  for,  and  the  date  of  sale  oppo- 
site the  number  of  the  block  or  square  on  the  record,  and  shall 
also  designate  the  square  or  part  of  square  or  lot  sold  by  color- 
ing the  same  on  the  plat. 

385.  Application  for  lots,  etc.,  to  be  made  to  the  board — no 
sale  for  less  than  appraised  value — who  shall  sign  deed.]  All 

applications  for  the  purchase  of  cemetery  squares,  lots,  or  graves, 


BOARD  OF  MANAGERS. 


443 


shall  be  made  to  the  board  of  managers,  or  the  superintendent 
at  the  cemetery.  Upon  the  purchase  of  any  square,  lot  or  grave, 
the  person  purchasing  shall  report  to  the  city  clerk,  who  shall 
give  him  an  order  on  the  city  treasurer  to . receive  the  amount 
for  which  such  square  or  part  of  square,  lot  or  grave  may  be  sold, 
being  not  less  than  the  appraised  value  thereof,  and  upon  pay- 
ment being  made,  and  the  filing  of  the  treasurer’s  receipt  there- 
for with  the  clerk,  he  shall  make  the  proper  entry  of  the  sale  on 
the  record,  and  deliver  to  the  purchaser  a deed  for  the  ground  so 
sold,  signed  by  the  mayor,  and  countersigned  by  the  clerk  under 
the  corporate  seal. 

386.  Clerk  and  treasurer  each  to  keep  accounts — reports  to 
council.]  The  city  clerk  and  treasurer  shall  each  keep  a ceme- 
tery account,  in  which  all  moneys  received  or  paid  out  on  ac- 
count of  said  cemetery  shall  be  charged  or  credited;  and  they 
shall  severally  report,  at  the  regular  monthly  meetings  of  the 
city  council,  a statement  in  brief  of  their  receipts  and  expendi- 
tures. 

387.  Form  of  deed.]  The  cemetery  deed  shall  be  in  the 
following  form,  as  nearly  as  may  be : 

OAK  RIDGE  CEMETERY  DEED. 

The  City  of  Springfield,  in  consideration  of dollars,  paid  by 

in  conformity  with  the  provisions  of  the  ordinances  of  the 

city,  establishing  Oak  Ridge  Cemetery,  hereby  sells  and  conveys  unto  the  said 

the of  square  (or  lot)  numbered in  division 

numbered , in  Oak  Ridge  Cemetery,  as  platted  and  recorded  in  the  office 

of  the  recorder  of  deeds  of  Sangamon  county,  Illinois,  and  in  the  office  of  the  city 
clerk  of  said  city. 

To  have  and  to  hold  the  same,  with  its  appurtenances,  unto  the  said 

heirs  and  assigns  forever,  for  a place  of  burial,  and  for  no  other 

use  or  purpose  whatever.  Conditioned,  nevertheless,  that  no  transfer  or  assign- 
ment of  any  square  or  lot,  or  any  interest  therein,  shall  be  valid  until  approved  by 
the  board  of  managers  of  Oak  Ridge  Cemetery,  and  subject  also  to  such  general 
rules  and  regulations  as  the  city  council  of  said  city,  and  the  board  of  managers  of 
said  cemetery,  may  from  time  to  time  establish;  and  the  city  of  Springfield  hereby 

covenants  with  the  said heirs  and  assigns,  that  Oak  Ridge 

Cemetery,  as  platted  and  recorded  aforesaid,  shall  be  forever  kept  and  preserved 
as  a place  of  burial  for  the  dead  of  said  city. 

In  testimony  whereof,  I mayor  of  said  city  of  Spring- 

field,  have  hereunto  set  my  hand  and  caused  the  corporate  seal  of  said  city  to  be 

affixed,  this day  of A.  D.  18.., 

Countersigned,  

Mayor. 

[seal.]  City  Clerk. 

388.  Grounds  for  burial  of  poor  set  apart — board  to  regulate 
setting  of  monuments,  etc.]  The  board  of  managers  shall  set 


444 


GENERAL  ORDINANCES  OF  CITY. 


apart  a portion  of  the  cemetery  grounds  for  the  burial  of  the 
poor,  another  portion  for  the  burial  of  strangers  or  persons  not 
belonging  to  the  city,  another  portion  for  the  burial  of  the  in- 
habitants of  the  city  not  having  private  lots,  and  another  por- 
tion for  the  burial  of  colored  persons.  Said  board  may  regu- 
late and  prescribe  the  manner  of  inclosing,  improving  and  adorn- 
ing the  private  squares  or  lots  in  said  cemetery,  and  the  erec- 
tion thereon  of  monuments,  tombstones  or  other  fixtures,  and 
shall  prevent  and  prohibit  any  division,  improvement,  adorn- 
ment, or  other  use  of  any  lot  or  other  part  of  the  cemetery,  or 
the  erection  or  placing  of  any  monument,  tombstone  or  other 
fixture  therein,  which  they  may  deem  unsightly  or  improper and 
they  may  direct  and  cause  the  removal  of  all  such  unsightly  and 
improper  improvements,  adornments,  inclosures,  monuments, 
tombstones  or  other  fixtures.  And  no  avenue,  walk  or  alley  in 
said  cemetery  shall  be  obstructed  or  closed  up,  except  that  the 
owner  of  any  square  therein  may  inclose  the  alley  of  such  square. 

THE  SUPERINTENDENT. 

389.  Superintendent  appointed  annually  — oath  — bond.] 

The  said  board  may  appoint,  annually,  with  the  approval  of 
the  mayor,  a superintendent  for  Oak  Kidge  Cemetery,  who  shall 
hold  his  office  for  the  term  of  one  year,  and  until  his  successor 
shall  be  appointed  and  qualified.  The  superintendent  shall,  be- 
fore assuming  the  duties  of  his  office,  take  the  oath  prescribed 
by  law  for  city  officers,  and  shall  give  bond  to  the  city  of  Spring- 
field  in  the  penal  sum  of  one  thousand  dollars,  with  sureties 
to  be  approved  by  the  city  council,  conditioned  for  the  faithful 
performance  of  the  duties  of  the  office.  He  shall  receive  for  his 
services  such  salary  or  compensation  as  may  be  fixed  and  paid 
by  the  board. 

390.  Duties  of  superintendent.]  The  superintendent  shall 
have  charge  of  said  cemetery,  and  shall  keep  and  preserve  the 
grounds,  buildings  and  fences  in  good  order  and  repair,  and  the 
monuments,  tombstones,  shrubbery,  and  every  other  thing  erected 
or  placed  in  the  cemetery  for  ornament  or  otherwise,  free  from 
injury  or  defacement,  and  the  walks  and  avenues  in  good 
condition  and  free  from  obstructions.  He  shall  enforce  the  or- 
dinances of  the  city  in  relation  to  the  cemetery,  and  the  rules 


THE  SUPERINTENDENT. 


445 


and  regulations  established  by  the  board  of  managers  for  the 
government  of  the  same,  and  shall  report  all  violations  thereof 
to  the  board,  the  mayor,  or  any  police  officer,  for  prosecution, 
or  prosecute  the  offender  before  any  justice  of  the  peace  or  other 
competent  court.  He  shall  have  power  to  arrest  and  may  ar- 
rest, without  warrant,  all  persons  found  hunting,  discharging 
fire-arms,  or  otherwise  trespassing  upon  the  cemetery  grounds, 
and  take  them  before  the  proper  magistrate  or  court,  for  trial. 
He  shall  be  subject  to  the  orders  and  directions  of  the  board  of 
managers  in  making  improvements  in  said  cemetery,  and  shall, 
when  required  by  them,  supervise  the  workmen  or  laborers  em- 
ployed therein,  and  the  improvements  ordered  by  the  board. 

391.  Shall  keep  plat  and  record  of  lots  sold — monthly  re- 
port.] Said  superintendent  shall  procure  from  the  city  clerk 
and  keep  a plat  of  the  cemetery,  and  also  a numerical  list  of  all 
the  blocks  or  squares,  with  the  lots  numbered  thereon;  and  the 
name  of  the  owner  shall  be  marked  opposite  to  each  block  or 
square,  or  part  thereof  sold.  The  superintendent  shall  each 
month,  upon  making  his  monthly  return,  as  hereinafter  required, 
obtain  from)  the  city  clerk  a list  of  the  squares  or  parts  of  squares 
or  lots  sold  since  his  last  return,  and  shall  enter  the  name  of  the 
purchaser  or  owner  opposite  to  the  proper  number  of  the  square 
or  'part  of  square  on  his  own  list. 

392.  To  whom  certificate  may  issue — record  of  death,  dis- 
ease, etc.,  kept  by  clerk.]  Any  person  desiring  to  make  any 
interment  in  said  cemetery,  shall  apply  to  the  city  clerk  there- 
for, and  upon  presenting  the  usual  certificate  of  death,  signed  by 
the  attending  physician,  or  other  proper  person,  as  provided 
by  ordinance,  and  upon  payment  of  the  charges  required,  the 
clerk  shall  deliver  to  the  applicant  a burial  permit,  or  certificate 
to  the  superintendent,  stating  to  whom  issued,  the  name  of  the 
deceased,  and  the  number  of  the  square  or  lot  in  which  he  or 
she  is  to  be  interred,  ■ and  if  the  deceased  be  a pauper  or  a 
stranger,  without  means,  and  no  person  be  chargeable  with  or 
liable  for  his  interment,  the  certifiate  shall  state  the  fact;  and 
the  clerk  shall  make  entry  in  a suitable  book  of  the  name  of  the 
deceased,  the  date  of  death,  the  lot  in  which  he  or  she  was  in- 
terred, the  disease,  cause  or  manner  of  death,  the  sex  and  color, 


446 


GENERAL  ORDINANCES  OF  CITY. 


and,  whenever  .practicable  and  can  be  ascertained,  the  age,  occu- 
pation, birthplace  and  residence  of  the  deceased. 

f 

393.  Duty  of  superintendent  on  receipt  of  death  certificate 
and  permit.]  The  superintendent,  upon  receiving  the  clerk's 
certificate  and  making  any  interment,  shall  enter  the  name  of 
the  deceased,  with  the  date  of  interment,  and  the  number  of  the 
square  or  lot  in  which  interred,  in  his  record  of  interments ; and 
he  shall  make  no  interment  without  the  delivery  to  him  of  the 
clerk's  certificate  therefor,  nor  in  any  other  lot  than  that  named 
therein,  under  a penalty  of  five  dollars  in  each  case.  He  shall 
also,  on  or  before  the  first  Monday  in  each  and  every  month, 
return  to  the  city  clerk  all  certificates  issued  to  and  received  by 
him  during  the  preceding  month,  and  the  same  shall  be  filed 
and  preserved  by  the  clerk  in  his  office;  and  the  city  clerk  and 
superintendent  shall  {examine  such  certificates  and  compare  them 
with  the  entries  in  their  books,  and  see  that  they  correspond 
therewith. 

394.  Where  superintendent  shall  reside — depth  of  graves, 
etc.]  Said  superintendent  shall,  unless  otherwise  directed  by 
the  board  of  managers,  reside  in  the  building  erected  upon  the 
cemetery  grounds  for  the  superintendent's  residence,  and  shall 
be  in  readiness  at  all  seasonable  times,  by  himself  or  some  com- 
petent assistant,  to  perform  all  the  duties  required  of  him.  He 
shall  dig  or  cause  to  be  dug  all  graves,  attend  to  the  interment 
of  all  dead  bodies  therein,  and  fill  up,  trim  and  keep  and  pre- 
serve the  graves  in  good  order.  Each  grave  for  a full  grown  body 
shall  be  not  less  than  five  and  one-half  feet  in  depth,  and  for 
any  other  body  not  less  than  five  feet. 

395.  Penalty  for  neglect  of  duty  or  improper  conduct.]  If 

the  superintendent  shall  willfully  neglect  or  refuse  to  perform 
any  duty  hereinbefore  required  of  him,  or  shall  maltreat  the 
dead  body  of  any  person,  or  any  grave,  or  be  guilty  of  any  other 
improper  conduct,  he  shall,  upon  conviction  thereof,  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars  in  each 
case,  and  shall  also  be  subject  to  removal  from  office  by  the  board. 

396.  Shall  deliver  to  his  successor — penalty  for  neglect  or 
refusal.]  Said  superintendent  shall,  upon  the  appointment 
and  qualification  of  his  successor  in  office,  deliver  to  him  all 


THE  SUPERINTENDENT. 


447 


property,  books,  records,  maps,  and  effects  of  every  description, 
in  his  possession,  belonging  to  the  city,  or  pertaining  to  his 
said  office;  and  in  case  of  his  neglect  or  refusal  to  deliver  the 
same,  within  five  days  after  demand  being  made  therefor,  he 
shall  be  subject  to  a penalty  of  not  less  than  twenty-five  dollars 
nor  more  than  two  hundred  dollars. 

397,  Fines  and  penalties — to  whom  paid.]  All  fines  and 
penalties,  assessed  and  collected  for  violations  of  any  of  the  pro- 
visions of  this  article  or  chapter,  shall  be  paid  by  the  officers 
imposing  and  collecting  the  same  into  the  city  treasury,  and  the 
treasurer  shall  place  the  amount  thereof  to  the  credit  of  the 
Oak  Ridge  Cemetery  fund. 


448 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  XI. 

DOMESTIC  ANIMALS. 


Article  I.  Animals— Impounding  and  Sale  of. 

II.  Dogs. 

III.  Other  Provisions  Relating  to  Animals. 

Article  I. 

ANIMALS — IMPOUNDING  AND  SALE  OF. 

398.  Penalty  for  running  at  large.]  It  shall  be  unlawful 

for  any  domestic  animal  of  the  species  of  horse,  mule,  cattle, 
sheep,  swine,  goat  or  goose,  to  run  or  go  at  large,  at  any  time, 
within  the  corporate  limits  of  the  city  of  Springfield;  and  an}r 
person,  being  the  owner,  possessor  or  keeper  of  any  such  animal 
or  animals,  who  shall  knowingly  suffer  or  permit  the  same  to 
run  or  go  at  large  in  said  city,  in  violation  of  this  section,  shall 
be  subject  to  a penalty  of  one  dollar  for  each  and  every  animal 
so  permitted  to  run  or  go  at  large,  together  with  the  fees  for  im- 
pounding, and  the  expense  of  sustenance  for  such  animal  or 
animals,  when  impounded,  as  hereinafter  provided. 

399.  Police  to  impound.]  It  is  hereby  made  the  duty  of 
the  superintendent  of  police,  and  of  the  several  members  of  the 
police  force  of  said  city,  to  take  up  any  and  every  animal  afore- 
said known  by  him  or  them  to  be  unlawfully  at  large  contrary 
to  the  provisions  of  this  article,  and  to  confine  the  same  in  the 
pound  or  pounds,  within  the  city,  to  be  provided  for  that  pur- 
pose by  the  superintendent  of  police,  under  the  direction  of  the 
mayor  and  police  committee. 

400.  Any  person  damaged  may  impound.]  Any  person  in- 
convenienced or  injured,  or  who  may  be  in  danger  of  being  in- 
jured, either  in  his  person  or  property,  by  reason  of  the  unlawful 
running  at  large  in  the  city  of  any  animal  hereinbefore  men- 
tioned, may  take  and  drive  such  animal  to  the  city  pound,  and 


IMPOUNDING  AND  SALE  OF  ANIMALS. 


449 


it  shall  be  the  duty  of  the  pound-keeper  to  receive  and  impound 
the  same. 

401.  Pound  keeper — by  whom  appointed.]  The  superin- 
tendent of  police  is  hereby  authorized  to  appoint,  with  the  ap- 
proval of  the  mayor,  a suitable  deputy,  removable  at  pleasure, 
whose  duty  it  shall  be  to  keep  the  city  pound,  and  who  may  do 
all  such  acts  and  perform  all  such  duties  as  the  superintendent 
might  or  could  do  in  the  premises ; but  said  superintendent 
shall  be  held  responsible  for  the  acts  and  doings  of  such  deputy. 
He  may  also  appoint,  from  time  to  time,  at  his  own  cost  and 
responsibility,  such  limited  number  of  assistants  as  he  shall 
deem  necessary,  to  aid  him  in  enforcing  the  provisions  of  this 
article. 

402.  Food,  etc. — by  whom  furnished — cost  to  be  paid.] 

The  superintendent  of  police  shall  provide  suitable  and  neces- 
sary food  and  drink  for  all  such  animals  as  may  be  taken  up 
and  impounded,  during  the  time  they  may  be  so  impounded; 
and  the  cost  of  such  sustenance,  together  with  the  lawful  fees 
for  taking  up  and  impounding,  shall  be  paid  to  the  superin- 
tendent or  pound-keeper,  before  any  such  animal  shall  be  re- 
leased from  the  pound. 

403.  Duties  of  officer  or  pound-keeper  when  animals  im- 
pounded— warrant,  etc.]  When  any  animal  or  animals  shall 
have  been  impounded  as  aforesaid,  and  the  owner  or  person 
entitled  to  the  possession  of  the  same  shall  fail  to  appear  within 
twenty-four  hours  after  the  impounding,  and  pay  the  fees  and 
charges  required  for  their  redemption,  it  shall  be  the  duty  of 
the  superintendent  of  police,  or  pound-keeper,  to  make  com- 
plaint, in  writing,  before  some  police  magistrate  or  justice  of 
the  peace  of  the  city,  giving  a general  description  of  the  animal 
or  animals  impounded,  the  date  of  such  impounding,  and  the 
name  of  the  owner  thereof,  if  known  to  the  complainant;  and 
thereupon  the  magistrate  shall  issue  a warrant  against  the 
owner  or  keeper  of  such  animal  or  animals,  for  permitting  thc- 
same  to  run  at  large  in  violation  of  the  provisions  of  this  article ; 
and  upon  the  return  of  the  warrant  duly  executed,  or  the  de- 
fendent  appearing  in  court,  like  proceedings  shall  be  had  as  in 
other  cases  for  the  recovery  of  fines  or  penalties  under  the  ordi- 
nances; and  if  the  defendant  is  found  guilty,  judgment  shall 


450 


GENERAL  ORDINANCES  OF  CITY. 


be  rendered  against  him  for  the  penalty,  impounding  fee,  cost 
of  sustenance,  and  costs  of  suit,  and  an  order  shall  be  entered 
that  such  animal  or  animals  be  sold  to  satisfy  said  judgment 
and  costs,  unless  the  same  shall  be  forthwith  paid. 

404.  When  owner  is  unknown — notice — form  of  notice.] 
When  the  owner  of  any  animal  impounded  is  unknown,  com- 
plaint shall  be  made,  in  like  manner  as  provided  in  the  last 
section  hereof,  against  the  “unknown  owner”  of  such  animal, 
describing  the  same ; and  thereupon  the  magistrate,  before  whom 
such  complaint  is  made,  shall  issue  a notice  in  substance  as  fol- 
lows : 


POUND  NOTICE. 

Whereas , Complaint  has  this  day  been  made  before  me,  that  the  unknown 

owner ‘of  the  following  described  animal,  to- wit: 

impounded  at on  the day  of 19 

has  permitted  the  same  to  run  at  large  contrary  to  the  provisions  of  article 

of  chapter of  the  revised  ordinances  of  the  city  of  Springfield. 

Now,  therefore,  notice  is  hereby  given  that  a trial  will  be  had  upon  the  said 

complaint,  at  my  office,  in  the  city  of  Springfield,  on  the day  of 

19 at  the  hour  of when  and  where  said  unknown  owner,  or  other  per- 

son interested  therein,  may  appear  and  defend,  if  he  shall  see  fit  to  do  so. 

Witness  my  hand  and  seal,  this day  of A.  D.  19 

P.  M.  or  J.  P.  [seal] 

405.  Duties  in  posting  notices.]  The  day  named  in  said 

notice  for  trial  shall  not  be  less  than  five  nor  more  than  ten 
days  from  the  issuing  of  the  same;  and  it  shall  be  the  duty  of 
the  superintendent  of  police,  or  some  other  police  officer,  to 
forthwith  post  three  copies  of  said  notice,  to- wit:  one  at  the 

pound  where  the  animal  is  impounded,  one  at  the  front  door 
of  the  county  court  house,  and  one  at  the  office  of  the  magistrate 
issuing  the  notice,  and  to  make  due  return  thereof,  showing 
the  time  and  manner  of  said  posting. 

406.  Proceedings — manner  of.]  The  justice  or  police  magis- 

trate issuing  said  notice  shall  enter  the  case  upon  his  docket, 
as  follows:  City  of  Springfield  vs.  The  Unknown  owner  of 

(here  describe  the  animal).  And  upon  the  day  set  for  trial, 
and  the  return  of  the  notice  executed  as  prescribed  in  the  last 
preceding  section  hereof,  like  proceedings  shall  be  had  as  in  the 
case  of  personal  service  or  appearance. 

407.  May  try  by  jury.]  In  all  cases  of  trial  for  violations 
of  this  article,  the  defendant  may  have  the  cause  tried  by  a jury, 
if  he  shall  so  demand  before  the  trial  is  entered  upon. 


IMPOUNDING  AND  SALE  OF  ANIMALS. 


451 


408.  Judgment — order  of  sale,  etc.,  to  whom  issued.]  Upon 
the  rendition  of  any  judgment,  as  provided  in  the  last  three  pre- 
ceding sections  hereof,  the  magistrate  rendering  the  same  shall 
issue  to  the  superintendent  of  police  an  order  of  sale,  which 
shall  be  substantially  in  the  following  form,  to-wit : 

The  People  of  the  State  of  Illinois,  > ,,- 
City  of  Springfield,  ] 

To Superintendent  of  Police. 

We  command  you,  that  of  the  following  described  goods  and  chattels, 

to-wit:  [here  describe  the  animal],  the  property  of you 

make  the  sum  of dollars  and cents  debt,  and dollars 

and cents  costs,  which  the  city  of  Springfield  lately  recovered  before  me 

against  the  said and  hereof  make  due  return  in  what 

manner  you  execute  the  same. 

Given  under  my  hand  and  seal,  this day  of A.  D.  19 

P.  M.orJ.  P.  [SEAL] 

Which  order  shall  be  returned  by  the  superintendent  of  police 
within  thirty  days  from  its  date,  to  the  office  of  the  magistrate 
issuing  the  same,  with  an  endorsement  thereon  showing  when 
and  how  the  same  was  executed. 

409.  Notice  of  sale  posted — form  of  notice.]  Upon  the 
receipt  of  such  order,  said  superintendent  shall  immediately 
post,  or  cause  to  be  posted,  three  notices  in  like  public  places, 
within  the  city,  as  provided  in  section  335  of  this  article,  which 
notices  may  be  in  substance  as  follows : 

POUND  NOTICE. 

Taken  up  and  impounded  in  the  city  pound  of  the  Cify  of  Springfield,  at 
[here  state  the  place  of  the  pound],  the  following  described  animal  or  animals, 
[here  describe  the  same],  which  said  animal  or  animals,  unless  redeemed,  will 
be  sold  at  public  auction  for  cash,  to  the  highest  bidder,  at  said,  pound,  at  the 
hour  of o’clock M.,  on  the day  of A.  D.  19 

Superintendent  of  Police. 

410.  Shall  sell  according  to  notice  unless  redeemed.]  The 

day  of  sale  mentioned  in  said  notice,  shall  be  not  less  than  three 
nor  more  than  five  days  after  posting  the  same,  exclusive  of 
Sundays,  legal  holidays  and  election  days;  and  if  such  animal 
or  animals  are  not  redeemed,  the  superintendent  of  police  shall 
sell  the  same  in  accordance  with  said  notice,  and  all  animals  be- 
longing to  different  owners  shall  be  sold  separately. 

411.  May  adjourn  sale — officer  not  to  purchase — penalty.] 
Said  superintendent  may,  from  want  of  bidders,  or  other  suf- 
ficient cause,  adjourn  any  such  sale  from  day  to  day,  until  the 
same  shall  be  completed.  If  he  shall  sell  any  animal  without  giv- 


452 


GENERAL  ORDINANCES  OF  CITY. 


ing  the  notice  above  prescribed,  or  if  he  shall  purchase  any  ani- 
mal at  his  own  sale,  he  shall,  in  either  case,  incur  a penalty  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

412.  Shall  keep  record — make  monthly  report — shall  pay  to 
treasurer.]  The  superintendent  of  police  shall  keep,  or  cause 
to  be  kept  a suitable  book,  in  which  he  shall  record  a brief  de- 
scription of  all  animals  impounded,  with  the  date  of  the  im- 
pounding of  each,  and  the  owner’s  name,  if  known,  and  also 
a statement  of  the  disposition  made  of  such  animal,  when  and 
by  whom  redeemed,  or,  in  case  of  sale,  the  date  of  sale  and  name 
of  the  purchaser,  and  the  amount  received  therefor;  which  book 
shall  be  open  to  the  inspection  of  all  persons  interested  therein. 
He  shall,  monthly,  on  the  first  day  of  each  month,  pay  into  the 
city  treasury  all  moneys  received  by  him  in  excess  of  the  costs, 
fees  and  expenses  allowed  by  ordinance  for  the  taking  up,  im- 
pounding, sustenance  and  sale  of  such  animals,  and  the  treas- 
urer shall  receipt  for  the  same  and  keep  an  account  thereof. 

413.  Ownership  proved  after  sale — surplus,  owner  entitled 
to  upon  proof.]  If  the  owner  of  any  animal,  impounded  and 
sold  as  aforesaid,  shall  apply  and  prove  the  ownership  thereof 
to  the  satisfaction  of  said  superintendent,  before  his  paying  the 
money  into  the  city  treasury,  he  shall  pay  the  surplus  due  from 
the  sale  of  such  animal  to  such  applicant,  taking  his  receipt 
therefor.  And  if  any  surplus  proceeds  of  any  such  sale  shall 
have  been  paid  into  the  treasury,  as  provided  in  the  last  preced- 
ing section,  the  owner  of  the  animal  or  animals  so  sold  shall  be 
entitled  to  receive  the  same  less  all  costs  and  charges  which  may 
have  accrued  to  the  officers  of  said  city,  upon  presenting  to  the 
city  council,  or  the  proper  committee  thereof,  satisfactory  proof 
of  his  ownership,  together  with  the  certificate  of  the  superintend- 
ent of  police  of  the  amount  of  such  surplus. 

414.  Breaking  open  or  preventing  impounding — penalty 
for.]  Whoever  shall  break  open  any  city  pound,  or  shall  take 
or  attempt  to  take  therefrom  any  impounded  animal,  without 
the  consent  of  the  pound-keeper;  or  whoever  shall  resist,  ob- 
struct, hinder  or  delay  the  superintendent  of  police,  or  any  of 
his  assistants,  while  taking  or  driving  to  the  city  pound  any 
animal  found  unlawfully  at  large,  within  said  city ; or  who  shall 
in  any  manner  attempt  to  prevent  the  impounding  of  such'  ani- 


DOGS. 


453 


mal,  shall,  upon  conviction  be  fined  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  for  each  offense. 

415.  Animals  not  to  be  taken  from  outside  the  city  or  from 
enclosures — penalty.]  Whoever  shall  take  or  drive  any  animal 
from  any  inclosed  lot  or  ground,  or  from  any  pen,  stable  or  other 
building,  or  from  without  the  limits  of  said  city,  to- any  pound 
within  the  city,  with  the  intent  that  such  animal  be  impounded, 
shall,  upon  conviction,  be  fined  not  less  than  five  dollars  nor 
more  than  fifty  dollars  for  each  offense. 

416  Animals  or  teams  after  12  at  night.]  Any  police  officer 
who  may  find  any  horse  or  mule,  or  any  team,  upon  any  street 
or  alley  in  said  city  after  twelve  o’clock  at  night,  without  any 
owner  or  other  person  being  in  charge  thereof,  shall  be  author- 
ized to  take  such  animal  or  team  to  the  city  pound,  or  other 
safe  place,  to  be  there  kept  and  supplied  with  necessary  suste- 
nance, until  the  owner  or  person  entitled  to  possession  of  the 
same  shall  appear  and  prove  his  ownership,  and  pay  the  proper 
charges  thereon. 

Article  II. 

DOGS. 

417.  Register  of — when  and  by  whom  made.]  Every 
owner  or  keeper  of  any  dog  in  the  city  of  Springfield  shall, 
within  thirty  days  after  the  first  day  of  May  in  each  year,  ap- 
ply and  pay  to  the  city  superintendent  of  police,  the  sum  of  one 
dollar  for  every  male  dog,  and  the  sum  of  two  dollars  for  every 
female  dog,  owned  or  possessed  by  him;  and,  thereupon,  said 
superintendent  shall  enter  the  name  and  residence  of  such  owner 
or  keeper  in  a book  to  be  kept  by  him  for  that  purpose,  and  shall 
deliver  to  the  person  so  applying  a metallic  check  or  tag,  upon 
which  shall  be  stamped  the  letter  “R,”  and  the  year  when  issued, 
which  checks  shall  be  securely  attached  by  the  owner  to  the  col- 
lar of  his  dog. 

418.  Running  at  large  forbidden — tags,  muzzles,  etc.,  dog 

pound.]  All  dogs  running  at  large  in  said  city  between  the 
first  day  of  June  and  the  last  day  of  September,  without  such 
check  or  tag,  or  unmuzzled,  contrary  to  the  provisions  of  this 
article,  are  hereby  declared  a nuisance,  and  shall  be  destroyed 


454 


GENERAL  ORDINANCES  OF  CITY. 


by  the  superintendent  of  police  or  any  police  officer,  or  any  per- 
son employed  by  the  superintendent  of  police,  or  such  dogs  may 
be  taken  up  by  said  superintendent  of  police,  police  officer,  or 
person  employed  by  the  superintendent  of  police,  and  placed 
in  the  pound  provided  for  that  purpose  by  said  superintendent, 
to  be  known  as  the  “dog  pound,”  and  shall  be  kept  therein  for 
twenty-four  hours  during  which  time  the  owner  of  any  dog  so 
impounded  may  have  the  same  released  by  paying  one  dollar 
in  addition  to  the  cost  of  a check  or  tag,  provided  for  in  sec- 
tion 417  and  agreeing  to  muzzle  the  same,  provided  any  dog  so 
released  may  again  be  impounded  or  destroyed  if  found  running 
at  large  in  violation  of  this  article.  All  dogs  impounded  if 
not  released  within  twenty-four  hours  as  herein  specified  shall 
be  removed  by  the  superintendent  of  police  or  some  person  by 
him  appointed,  beyond  the  city  limits  and  destroyed.  [As 
amended  July  7,  1890. 

419.  Superintendent  of  police,  authority  of — penalty  for  re- 
sisting.] The  superintendent  of  police  is  hereby  authorized 
to  employ  one  or  more  competent  assistants,  as  he  may  deem 
necessar}^,  to  aid  him  in  enforcing  the  provisions  of  this  article, 
and  he  is  also  authorized  to  offer  a reward  of  fifty  cents  for  every 
dog  taken  up  within  the  city  and  brought  to  him  alive — to  be 
paid  from  the  fees  collected  as  aforesaid.  Whoever  shall  re- 
sist, hinder  or  molest  the  said  superintendent  or  his  assistants, 
or  any  police  officer,  while  engaged  in  the  discharge  of  any  duty 
herein  enjoined  upon  him  or  them,  shall,  on  conviction,  be  fined 
not  less  than  three  dollars  nor  more  than  fifty  dollars  for  each 
offense. 

420.  Monthly  reports  to  council,  etc. — to  pay  over  surplus.] 

Said  superintendent  shall  report  to  the  city  council  monthly, 
in  writing,  under  oath,  the  number  of  dogs  registered  by  him, 
the  amount  of  fees  or  taxes  collected  therefor,  and  the  number 
of  dogs  removed  and  destroyed  under  the  provisions  hereof, 
together  with  the  cost  of  such  removal  and  destruction  to  the 
city;  and  any  moneys  remaining  in  his  hands  over  and  above 
the  actual  expenses  incurred,  he  shall  pay  into  the  city  treasury. 

421.  Dogs  to  be  confined  when  danger  of  hydrophobia.] 

Whenever  danger  from  hydrophobia  shall  be  deemed  to  exist 
within  said  city,  the  mayor  may,  by  proclamation  or  notice 


DOGS. 


455 


published  in  one  or  more  newspapers  of  the  city,  notify  and 
require  all  persons  owning  or  keeping  dogs  to  confine  the  same, 
or  securely  muzzle  them,  for  such  time  as  may  be  designated  in 
the  proclamation  or  notice,  or  until  otherwise  ordered  by  the  city 
council. 

422.  Dogs  running  at  large  to  be  destroyed — penalty  to 
owner.]  All  dogs  found  running  at  large  in  said  city  contrary 
to  the  provisions  of  this  article,  whether  owned  or  kept  within 
or  without  the  city,  shall  be  destroyed  by  the  superintendent 
of  police,  or  any  person  appointed  by  him  for  such  purpose, 
or  by  any  policeman ; and  the  owner  or  keeper  of  any  such  dog, 
who  shall  knowingly  permit  the  same  to  run  at  large  contrary 
to  any  of  the  provisions  hereof,  shall  be  subject  to  a penalty 
of  not  less  than  three  dollars  nor  more  than  twenty-five  dollars. 

423.  Registered  dogs  not  to  be  impounded — penalty.]  No 

officer  or  other  person  shall  take  up  or  impound  any  dog  which  is 
collared  and  registered  as  hereinbefore  prescribed;  nor  shall 
remove  or  take  away  the  collar  or  check  from  any  dog;  nor  shall 
entice  or  decoy  any  dog  out  of  any  house  or  inclosed  lot,  nor 
bring,  or  cause  to  be  brought  or  enticed,  any  dog  from  without 
the  city  limits  into  the  same,  for  the  purpose  of  impounding 
such  dog,  under  a penalty  in  each  case  of  not  less  than  three 
dollars  nor  more  than  one  hundred  dollars. 

424.  Owner  liable  for  dangerous  dog — penalty.]  Any 

owner  or  keeper  of  a fierce  or  dangerous  dog,  who  shall  know- 
ingly permit  or  allow  the  same  to  run  at  large,  whether  regis- 
tered or  checked  as  aforesaid  or  not,  to  the  danger,  annoyance 
or  injury  of  any  person  within  said  city,  shall  be  subject  to  a 
penalty  of  five  dollars  for  the  first  offense,  and  to  a further 
penalty  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars 
for  any  subsequent  offense ; and  upon  a second  conviction,  the 
superintendent  of  police,  or  any  police  officer  making  the  arrest, 
shall  destroy  such  dog. 

425.  Female  dog  in  heat— penalty  for  running  at  large.] 

Any  owner  or  keeper  of  any  bitch,  who  shall  knowingly  permit 
or  allow  the  same  to  run  at  large  while  in  heat,  whether  she  be 
registered  and  checked  as  aforesaid  or  not,  shall,  upon  convic- 
tion, be  fined  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars  for  every  such  offense. 


GENERAL  ORDINANCES  OF  CITY. 


450 


Article  III. 

OTHER  PROVISIONS  RELATING  TO  ANIMALS. 

426.  Cruelty  to  animals — penalty.]  Whoever  shall,  within 

the  city  of  Springfield,  inhumanly,  cruelly  or  unnecessarily  beat, 
abuse,  or  otherwise  maltreat  any  dumb  animal,  or  shall  over- 
load or  overdrive  any  horse  or  mule,  or  any  team,  shall  be  sub- 
ject to  a penalty  of  not  less  than  three  dollars  nor  more  than 
fifty  dollars  for  each  and  every  offense. 

427.  Failure  to  feed,  etc. — penalty.]  Whoever  shall,  in 
said  city,  inhumanly  or  unnecessarily  fail  to  provide  any  dumb 
animal,  owned  or  kept  by  him,  with  proper  and  necessary  food 
and  drink,  shall  be  subject  to  a penalty  of  three  dollars,  and  to 
a further  penalty  of  one  dollar  for  each  day,  after  conviction, 
that  such  offense  shall  be  continued. 

428.  Vicious  or  mischievous  animals  not  to  run  at  large — 
penalty.]  Whoever  shall  knowingly  permit  or  allow  any  vicious, 
unruly  or  mischievous  animal,  owned  or  kept  by  him,  to  run  or 
go  at  large  in  said  city,  to  the  danger  or  annoyance  of  any  per- 
son, or  the  injury  or  damage  of  any  property,  shall  be  subject 
to  a fine  of  not  less  than  five  dollars  nor  exceeding  fifty  dollars. 

429.  Removal  of  dead  animals — license.]  Any  person  or 
persons  desiring  to  remove  any  dead  mule,  cow,  dog,  hog,  sheep 
or  other  like  animal  from  within  the  limits  of  the  city  of  Spring- 
field,  or  shall  desire  to  carry,  haul,  or  convey  any  such  dead 
animal  over  or  along  the  streets  or  alleys  of  the  city  of  Spring- 
field,  shall  pay  a license  fee  of  twenty-five  dollars  per  year  in 
advance,  and  it  shall  be  unlawful  for  any  person  or  persons  to 
remove  said  dead  animals  as  aforesaid  or  to  carry  or  convey  the 
same  along  the  streets  and  alleys  of  the  city  of  Springfield,  with- 
out having  first  paid  the  said  license  fee  and  obtaining  a license 
therefor. 

430.  To  be  conveyed  in  covered  wagons.]  All  dead  animals 
which  shall  be  removed  from  within  the  limits  of  the  city  of 
Springfield,  shall  be  hauled  or  conveyed  in  a covered  wagon  in 
such  a manner  that  they  shall  be  concealed  from  public  view. 
No  person  shall  remove  the  skin  from  any  dead  horse,  mule, 
cow,  dog,  sheep  or  other  like  animal  within  the  limits  of  the  city 
of  Springfield. 


OTHER  PROVISIONS  RELATING  TO*  ANIMALS.  457 

431.  To  notify  chief  of  police  within  four  hours  after  death.] 

Any  person  who  may  have  any  dead  cow,  horse,  mule,  dog,  hog, 
sheep  or  any  other  like  animal  shall  within  four  hours  after  the 
death  of  such  animal,  notify  the  chief  of  police  where  said  ani- 
mal is  to  be  found,  and  he  shall  immediately  order  said  animal 
to  be  removed  by  the  proper  authorities. 

432.  Violation — penalty.]  Any  person  or  persons,  violating 
any  of  the  sections  of  this  ordinace  shall  be  subject  to  a fine  of 
not  less  than  five  dollars,  nor  more  than  twenty-five  dollars  for 
each  and  every  offense.  [Passed  April  16,  1900. 


458 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  XII. 


ELECTIONS. 

Article  I.  General  Provisions  Respecting  Elections. 

II.  Contesting  Election  of  Aldermen. 

III.  Election  Precincts  for  Capital  Township. 

Article  I. 

GENERAL  PROVISIONS  RESPECTING  ELECTIONS. 

433.  General  city  election — when  held.]  A general  election 
for  municipal  officers/  authorized  by  law  or  ordinance  to  be 
elected,  shall  be  held  in  the  city  of  Springfield  on  the  first  Tues- 
day of  April  in  each  year,* at  such  places  in  the  several  wards  of 
said  city,  as  may  be  designated  by  the  city  council. 

434.  Clerk  to  give  notice.]  The  city  clerk  shall  give  notice 

of  such  election  by  publishing  an  advertisement  in  some  news- 
paper printed  and  published  in  said  city,  or  by  posting  notices 
thereof  at  each  of  the  voting  places  in  the  city,  for  at  least  twenty 
days  prior  to  such  election,  in  which  notice  he  shall  state  the 
time  and  places  of  holding  such  election,  and  the  officers  to  be 
elected. 

435.  Special  elections — notice  of.]  Special  elections  may 
be  ordered  at  any  time,  for  any  of  the  purposes  provided  by  law, 
and  notice  thereof  shall  be  given  by  the  city  clerk  in  the  same 
manner  and  for  the  same  time,  and  they  shall  be  held  and  con- 
ducted in  like  manner,  as  is  required  in  the  case  of  regular  an- 
nual elections. 

436.  Judges  and  clerks — how  appointed.]  The  city  council 
shall,  annually,  at  least  thirty  days  before  the  regular  municipal 
election,  appoint  three  capable  and  discreet  electors  in  each  ward 
of  the  city  to  act  as  judges  of  election  therein,  and  two  electors 
in  each  ward,  having  similar  qualifications  with  the  judges,  to 
act  as  clerks  of  election,  for  the  year  for  which  they  are  respect- 


PROVISIONS  RESPECTING  ELECTIONS. 


459 


ively  appointed,  or  during  the  pleasure  of  the  city  council.  Im- 
mediately after  the  appointment  of  such  judges  and  clerks,  the 
city  clerk  shall  make  out  and  deliver  to  the  superintendent  of 
police,  notices  thereof,  under  the  corporate  seal,  directed  to  each 
person  so  appointed,  and  said  superintendent  shall,  within  three 
days  thereafter,  deliver  such  notices  to  the  several  judges  and 
clerks  so  appointed. 

437.  Vacancies — how  filled.]  If  any  person  so  appointed  or 

constituted  a judge  of  election  shall  not  be  present  at  the  time 
for  opening  any  election,  or  shall  refuse  to  act  or  take  the  oath 
to  act  in  such  capacity,  the  judge  or  judges  present  may  appoint 
some  other  qualified  elector- of  the  ward  to  fill  the  vacancy.  If 
there  be  no  judge  of  election  present  at  the  time  fixed  for  open- 
ing the  polls,  such  of  the  electors  of  the  ward  as  may  then  be 
present  at  the  place  of  election,  may  fill  the  places  of  such  judges 
by  election  from  their  number;  and  the  judges  so  chosen  shall 
have  the  same  power  and  be  subject  to  the  same  penalties  as 
other  judges  of  election : Provided , that  all  the  judges  shall  not, 

in  any  case,  be  appointed  or  chosen  from  the  same  political 
party. 

438.  Disability  after  entering  on  duty — how  remedied.] 

The  judges  of  election  shall  appoint  clerks,  when  necessary  to 
fill  vacancies,  and  the  judges  and  clerks  shall  take  the  same  oath 
and  have  the  same  powers  and  authority  as  the  judges  and  clerks 
of  general  State  elections.  If  any  judge  or  clerk  shall,  after  en- 
tering upon  his  duties,  by  sickness  or  other  disability,  become 
unable  to  act,  another  may  be  appointed  in  his  place  by  the 
judges;  and  in  such  case  the  person  substituted  shall  take  and 
subscribe  the  oath  prescribed  by  law,  and  the  substitution  and 
time  thereof  shall  be  noted  on  the  poll  lists. 

439.  Council  to  furnish  ballot  boxes,  books,  etc.]  The  city 
council  shall  provide  a sufficient  number  of  ballot  boxes,  with 
secure  locks  and  keys,  for  the  several  wards  of  the  city.  The 
city  clerk  shall  provide,  at  the  expense  of  fjie  city,  the  proper 
poll  books  and  other  necessary  election  blanks  and  stationery  for 
each  ward,  and  shall  cause  a suitable  number  thereof,  together 
with  the  ballot  boxes,  to  be  delivered  to  the  judges  of  election  on 
the  day  before  any  election  is  to  be  held. 


4G0 


GENERAL  ORDINANCES  OF  CITY. 


440.  Time  of  opening  and  closing  polls.]  The  polls  shall 
be  opened  at  the  hour  of  seven  o’clock  in  the  morning,  and  con- 
tinued open  until  five  o’clock  in  the  afternoon  of  the  same  day, 
at  which  time  they  shall  be  closed;  but  if  the  judges  shall  not 
attend  at  the  hour  of  seven  o’clock  in  the  morning,  or  if  it  shall 
be  necessary  for  the  electors  present  to  appoint  judges  to  conduct 
the  election,  the  polls  may,  in  that  case,  be  opened  at  any  hour 
before  the  time  for  closing  the  same  shall  arrive,  as  the  case  may 
require. 

441.  Proclamation  on  opening  and  closing.]  Upon  open- 
ing the  polls,  one  of  the  judges  or  clerks  shall  make  procla- 
mation of  the  fact,  and  at  least  thirty  minutes  before  the  clos- 
ing of  the  same,  proclamation  shall  be  made  in  like  manner,  that 
the  polls  will  be  closed  in  half  an  hour. 

442.  Manner  of  conducting.]  The  manner  of  conducting  and 
voting  at  such  elections,  the  keeping  of  the  poll  lists,  and  the 
canvassing  of  the  votes  by  the  judges  thereof,  shall  be  the  same,  as 
nearly  as  may  be,  as  in  the  case  of  the  election  of  county  officers 
under  the  general  election  laws  of  this  State. 

443.  Returns — canvass.]  After  the  closing  of  the  polls, 
the  ballots  shall  be  counted,  and  the  returns  made  out  and  re- 
turned, under  seal,  to  the  city  clerk  within  two  days  after  the 
election;  and  thereupon  the  city  council  shall  meet  and  examine 
and  canvass  said  returns,  and  declare  the  result  of  the  election, 
and  cause  a statement  thereof  to  be  entered  upon  the  journal  of 
their  proceedings. 

See  section  27,  laws  1891. 

444.  Tie  vote — how  determined.]  The  person  having  the 
highest  number  of  votes  for  any  office  shall  be  declared 
elected.  In  case  of  a tie  in  the  election  of  any  city  officer,  it 
shall  be  determined  by  lot,  in  the  presence  of  the  city  council, 
in  the  manner  following : There  shall  be  placed  in  a ballot  box, 
or  other  suitable  box,  as  many  folded  ballots  as  there  are  per- 
sons having  an  equal  number  of  votes.  On  one  of  these  ballots 
shall  be  written  the  name  of  the  office  for  which  the  candidates 
were  voted  for,  and  the  other  ballot  shall  have  written  upon  it 
some  other  word.  The  candidates  shall  then  each  draw  one 
ballot,  and  the  candidate  drawing  the  ballot  on  which  is  writ- 
ten the  name  of  the  office  shall  be  declared  elected  to  the  office. 


CONTESTING  ELECTION  OF  ALDERMEN. 


461 


If  any  candidate  shall  be  absent,  or  shall  refuse  to  draw  a bal- 
lot, the  city  council  shall  appoint  one  of  their  number  to  draw 
for  such  candidate. 

445.  Clerk  shall  notify  parties  elected  or  appointed.]  It 

shall  be  the  duty  of  the  city  clerk,  within  five  days  after  the  re- 
sult of  any  election  is  declared  or  appointment  made  by  the 
city  council,  to  notify,  in  writing,  all  persons  elected  or  ap- 
pointed to  office  of  their  election  or  appointment,  and  if  any  such 
person  shall  fail  to  qualify  within  ten  days  after  such  notice,  the 
office  shall  become  vacant. 

446.  Failure  to  elect — new  election  called.]  If,  at  any  elec- 
tion, there  is  a failure  to  elect  any  officer  required  to  be  elected  by 
or  in  pursuance  of  law,  or  if  the  person  elected  should  fail  to 
qualify,  or  should  be  ineligible  to  the  office  because  of  any  legal 
disqualification,  the  city  council  may  forthwith  order  and  call 
a new  election  therefor. 

447.  Police  to  attend — judges  may  order  arrests.]  The 

members  of  the  police  force  of  the  city  shall  attend  at  all  elec- 
tions, for  the  purpose  of  preserving  order  and  keeping  the  peace ; 
and  the  judges  of  election  may  command  any  police  officer  in  at- 
tendance to  arrest  any  person  who  shall  disturb  the  peace,  or 
be  guilty  of  any  riotious  or  disorderly  conduct  about  the  polls. 

Article  II. 

CONTESTING  ELECTION  OF  ALDERMEN. 

448.  Contest  decided  by  council.]  The  election  of  any 
alderman  may  be  contested  by  any  elector  of  the  city  of  Spring- 
field,  and  the  proceedings  shall  be  in  the  manner  hereinafter 
provided,  as  nearly  as  may  , be.  The  city  council  shall  be  the 
tribunal  before  which  such  contest  shall  be  heard,  and  its  de- 
cision thereon  shall  be  final. 

449.  Notice  of  contest.]  When  any  person  shall  desire  to 
contest  the  right  of  another  to  hold  the  office  of  alderman  in 
said  city,  he  shall,  within,  thirty  days  after  the  person  whose 
election  is  contested  is  declared  elected,  file  with  the  city  clerk 
a statement  in  writing,  briefly  setting  forth  the  points  on  which 
he  will  contest  such  election,  which  statement  shall  be  verified 
by  affidavit. 


GENERAL  ORDINANCES  OF  CITY. 


4G2 


450.  Contestant  to  serve  copy.]  Upon  filing  such  state- 
ment, such  contestant  shall  also  serve  a copy  thereof  upon  the 
person  whose  election  he  intends  to  contest,  and  in  case  such 
person  is  absent  from  the  city,  or  cannot  be  found,  then  by  leav- 
ing a copy  of  the  statement  at  his  usual  place  of  residence. 

451.  Council  to  fix  time  for  taking  depositions — manner, 
etc.]  Whenever  said  statement  shall  have  been  filed  and  served 
as  aforesaid,  it  shall  be  the  duty  of  the  city  council,  upon  the 
request  of  either  party,  to  meet  and  fix  the  time  and  place  for 
taking  the  depositions  of  witnesses;  when  either  party  may  pro- 
ceed to  take  the  testimony  of  any  witness,  in  the  manner  and 
as  provided  by  law  for  taking  depositions  to  be  used  in  cases  in 
chancery,  before  any  judge,  justice  of  the  peace,  master  in  chan- 
cery, or  notary  public,  at  the  time  and  place  so  fixed,  and  con- 
tinue the  same  from  day  to  day  thereafter,  until  all  the  testi- 
mony shall  have  been  taken. 

452.  Proofs  to  be  filed  with  clerk.]  In  all  cases  of  such 
contested  elections,  the  proofs  shall  be  taken  and  filed  with  the 
city  clerk  within  sixty  days  from  the  day  fixed  by  the  city  coun- 
cil for  taking  the  same ; but  the  council  may,  upon  sufficient  cause 
shown,  extend  the  time.  No  testimony  shall  be  taken,  or  be 
produced  on  the  hearing  before  the  city  council,  except  upon  the 
points  set  forth  in  the  aforesaid  statement,  required  to  be  filed 
with  the  city  clerk  and  served  upon  the  contestee. 

453.  Clerk  to  lay  proof  before  council — council  to  examine 
and  declare  result.]  When  all  the  evidence  shall  have  been 
taken  as  aforesaid,  the  same  shall  be  forthwith  filed  in  the  office 
of  the  city  clerk,  who  shall  lay  the  same  before  the  city  coun- 
cil, and  the  council  shall,  without  delay,  refer  the  same  to  some 
appropriate  committee,  to  examine  and  report  thereon.  Upon 
such  report  being  made,  the  city  council  shall  hear  the  case,  and 
may  require  all  the  testimony  and  proofs  taken  to  be  read  in  open 
council,  and  shall,  by  a majority  vote,  upon  a call  of  the  "yeas” 
and  "nays,”  declare  as  elected  the  person  who  shall  appear  by 
the  evidence  to  have  been  elected ; and  the  clerk  shall  enter  such 
decision  and  declaration  upon  the  journal  of  the  city  council. 

454.  Ballots  may  be  opened  and  counted.]  In  all  cases  of 
contested  elections,  the  parties  thereto  shall  be  entitled  to  have 


ELECTION  PRECINCTS  FOR  CAPITAL  TOWNSHIP. 


. 463 


the  package  or  packages  of  ballots,  which  have  been  returned  to 
the  city  clerk  pursuant  to  law,  opened  in  the  presence  of  a com- 
mittee of  the  city  council  and  the  officer  having  the  custody 
thereof,  and  to  have  said  ballots  counted;  or  the  same  may  be 
brought  into  open  council,  and  then  and  there  counted  by  a 
committee  of  three  members  appointed  for  that  purpose. 

455.  Clerk  to  preserve  ballots  six  months.]  It  shall  be  the 
duty  of  the  city  Clerk  to  carefully  preserve  all  ballots  returned 
to  him  by  the  judges  of  any  city  or  town  election,  for  six  months 
thereafter,  and  at  the  expiration  of  that  time  he  shall  destroy 
the  same  by  burning,  under  the  direction  of  the  city  council: 
Provided , that  if  any  contest  of  election  shall  be  pending  at  such 
time,  in  which  such  ballots  may  be  required  as  evidence,  the 
same  shall  not  be  destroyed  until  such  contest  is  finally  deter- 
mined. 

Article  III. 

ELECTION  PRECINCTS  FOR  CAPITAL  TOWNSHIP. 

456.  Election  precincts.]  The  election  precincts  or  districts 
for  Capital  township  sh,all  be  the  same  in  all  respects  as  the  sev- 
eral wards  into  which  the  city  of  Springfield  is  now,  or  may  here- 
after be,  divided  by  ordinance. 

457.  Voting  places.]  The  voting  places  at  the  town  elec- 
tions held  in  said  township,  and  the  judges  of  said  elections, 
shall  be  the  same  as  those  designated  and  appointed  by  the  city 
council  for  general  city  elections. 


4G4 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  XIII. 

FEES  AND  SALARIES. 

Article  I.  Fees  and  Compensation  of  City  Officers. 

II.  Compensation  of  Persons  Other  than  City  Officers. 

Article  I. 

FEES  AND  COMPENSATION  OF  CITY  OFFICERS. 

458.  Salaries  fixed  by  council.]  The  salaries  or  pay  of  all 

officers  of  the  city  of  Springfield,  except  aldermen,  shall  be  fixed 
by  the  city  council  in  the  annual  appropriation  bill  or  ordinance, 
or  by  some  ordinance  prior  to  the  passage  of  such  annual  appro- 
priation bill;  and  when  such  salaries  or  compensation  have  been 
once  fixed,  the  same  shall  not  be  changed,  so  as  to  take  effect  dur- 
ing the  term  for  which  any  such  officer  was  elected  or  appointed. 

459.  Salaries  payable  monthly.]  The  salaries  of  all  officers 
and  regular  employes  of  said  city,  unless  otherwise  provided, 
shall  be  payable  by  the  city  treasurer,  monthly,  on  the  first  day 
of  each  month,  upon  warrants  drawn  by  the  city  comptroller, 
signed  by  the  comptroller,  and  countersigned  by  the  mayor.  But 
no  warrant  shall  be  drawn  in  favor  of  any  officer  for  the  pay- 
ment of  his  salary,  who  may  be  in  default  or  arrears  with  the 
city. 

460.  Compensation  of  aldermen.]  The  compensation  of  the 
aldermen  of  said  city  is  hereby  fixed  at  the  sum  of  three  dollars 
to  each  aldermen  for  each  meeting  of  the  city  council  actually 
attended  by  him,  and  no  other  compensation  than  for  attendance 
upon  such  meetings  shall  be  allowed  or  paid  to  any  alderman  for 
any  service  whatsoever. 

461.  City  weigher’s  compensation.]  The  city  weigher  shall 
be  allowed  as  compensation  for  his  services  one-half  of  the  net 
proceeds  from  weighing  fees,  collected  by  him  and  paid  into  the 
city  treasury.  The  price  or  rate  for  weighing  at  the  city  scales 


FEES  AND  COMPENSATION  OF  CITY  OFFICERS. 


465 


shall  be  fifteen  cents  per  draught  or  load,  to  be  collected  by  the 
weigher  at  the  time. 

462.  Salary  of  prison  keeper  fixed  by  ordinance — dieting 

prisoners — compensation.]  The  city  prison  keeper  shall  receive 

for  his  services  such  salary  as  is  now  or  may  hereafter  be  pro- 
vided by  ordinance,  and,  in  addition  thereto,  he  shall  be  allowed 
forty  cents  for  each  twenty-four  hours,  or  in  that  proportion, 
for  the  food,  drink  and  lodging  of  each  person  committed  to 
his  custody,  which  sum  shall  be  collected  of  and  paid  by  the  per- 
son to  whom  the  same  was  supplied : Provided , that  if  any  such 

person  shall  fail  to  pay  such  costs,  and  the  same  can  not  be  col- 
lected of  him,  then  the  same  shall  be  paid  by  the  city. 

463.  Fees  of  police  force  to  be  paid  into  city  treasury.] 

The  fees  of  the  superintendent  of  police  and  members  of  the 
police  force,  for  serving  or  executing  process  under  any  law  or 
ordinance  of  said  city,  shall  be  the  same  as  are  allowed  by  the 
statutes  of  the  State  of  Illinois  to  constables  for  like  services; 
and  it  shall  be  the  duty  of  said  superintendent  and  the  several 
members  of  the  police  force  to  attend  to  the  collection  of  all 
fees  due  them  for  serving  or  executing  process,  where  collectible, 
and  the  same  shall  be  paid  into  the  city  treasury  in  like  time  and 
manner  as  fines  and  penalties  are  required  to  be  paid  by  ordi- 
nance. 

464.  Fees  of  superintendent  of  police.]  The  superintendent 
of  police  of  the  city  shall  be  authorized  to  charge  and  receive, 
for  the  following  services,  fees  as  follows,  to  wit : 

First — For  each  license  by  him  collected,  to  be  paid  by  the 
person  licensed,  fifty  cents. 

Second — For  each  male  dog  by  him  registered  and  checked, 
to  be  paid  by  the  owner  thereof,  one  dollar. 

Third — For  each  female  dog  by  him  registered  and  checked, 
to  be  paid  by  the  owner  thereof,  two  dollars. 

Fourth — For  each  dog  or  bitch  by  him  removed,  or  caused 
to  be  removed  without  the  city  limits  and  destroyed,  as  provided 
by  ordinance,  fifty  cents,  to  be  collected  of  the  owner  or  keeper 
of  such  animal,  if  practicable. 


466 


GENERAL  ORDINANCES  OF  CITY. 


465.  Fees  for  impounding  animals.]  For  taking  up  and 
impounding  animals  found  at  large  contrary  to  ordinance,  the 
superintendent  of  police,  or  keeper  of  the  city  pound,  shall  be 
allowed  to  charge  and  receive  the  following  fees: 

First — For  each  horse,  mule  or  ass,  seventy-five  cents. 

Second — For  each  head  of  cattle,  fifty  cents. 

Third— I ^or  each  sheep,  goat,  hog  or  shoat,  twenty-five  cents. 

Fourth — For  each  suckling  pig,  five  cents. 

Fifth — For  each  goose,  five  cents. 

Sixth — For  discharging  each  animal  from  the  pound  without 
sale,  except  geese  and  suckling  pigs,  twenty  cents. 

466.  Compensation  for  food,  etc.]  And  for  providing  suita- 
ble food  and  drink  for  the  animals  so  impounded,  for  each  twenty- 
four  hours  that  the  same  may  be  kept  or  impounded,  respectively, 
the  fees  following: 

First — For  each  horse,  mule  or  ass,  fifty  cents. 

Second — For  each  head  of  cattle,  forty  cents. 

Third — For  each  goat,  sheep,  hog  or  shoat,  fifteen  cents. 

Fourth — For  each  goose  or  suckling  pig,  five  cents. 

467.  Fees  for  advertising  and  selling.]  For  advertising 
and  selling  any  impounded  animal,  to  satisfy  any  judgment 
against  the  owner  or  keeper  thereof,  the  superintendent  of  po- 
lice or  pound-keeper  shall  be  entitled  to  receive  the  same  fees 
as  are  allowed  by  the  statutes  of  the  State  of  Illinois  to  con- 
stables for  advertising  and  selling  property  under  execution. 

468.  To  keep  record  of  fees — semi-annual  report.]  The 

superintendent  of  police  shall  keep  a full  and  correct  account 
of  all  the  fees  and  emoluments  of  his  office,  collected  or  received 
by  him,  and  shall,  on  the  first  day  of  each  month  pay  into  the 
city  treasury  all  such  fees  and  emoluments,  in  excess  of  the 
amount  actually  expended  by  him  in  enforcing  the  provisions 
of  this  ordinance,  or  any  ordinance  of  said  city,  in  relation  to 
the  taking  up,  impounding  and  sale  of  animals.  He  shall  also 
make  out  and  return  to  the  mayor  and  city  council  a semi-an- 
nual report  thereof,  on  the  first  Monday  in  May  and  November 


FEES  AND  COMPENSATION  OF  CITY  OFFICERS. 


467 


01  each  year,  which  report  shall  be  verified  by  affidavit,  and  shall 
show  the  manner  in  which  said  fees  and  emoluments  accrued. 

469.  Fees  of  inspector  of  weights  and  measures.]  The  in- 
spector of  weights  and  measures  of  the  city  shall  be  entitled 
to  charge  and  receive  fees  as  follows,  to  be  paid  by  those* re- 
quiring his  services,  to- wit: 

First — For  inspecting  and  stamping  platform  scales  of  five 
thousand  pounds  or  more,  including  weights,  two  dollars  each. 

Second — For  inspecting  and  stamping  platform  scales  of  less 
than  five  thousand  pounds,  including  weights,  one  dollar  each. 

Third — For  inspecting  and  stamping  beams  of  one  thousand 
pounds  capacity,  or  more,  including  weights,  twenty-five  cents 
each ; those  of  smaller  capacity,  fifteen  cents  each. 

Fourth — For  inspecting  and  stamping  counter  scales  and 
balances,  including  weights,  fifteen  cents  each. 

Fifth — For  inspecting  and  stamping  a full  set  of  dry  meas- 
ures, twenty-five  cents;  for  a less  number,  each  measure,  ten 
cents. 

Sixth — For  inspecting  and  stamping  a full  set  of  liquid,  wine 
or  beer  measures,  twenty-five  cents ; for  a less  number,  each  meas- 
ure, five  cents. 

Seventh — For  inspecting  and  stamping  lineal  measures,  each 
yard,  five  cents : Provided , that  not  exceeding  twenty-five  cents 

shall  be  charged  any  business  house  for  a single  inspection. 

Eighth — To  the  above  fees  may  be  added  in  any  case  necessary 
drayage  of  standards,  not  exceeding  fifty  cents,  together  with 
reasonable  charges  for  correcting  erroneous  weights  and  meas- 
ures, if  done  at  the  request  of  the  owner. 

470.  Clerk’s  fees.]  The  city  clerk  shall  be  allowed  to  charge 
and  receive,  for  the  following  services,  fees  as  follows,  to-wit : 

First — For  each  license  required  by  any  ordinance  of  the  city, 
and  issued  by  him,  one  dollar. 

Second — For  certifying  the  consent  of  the  mayor  or  city  coun- 
cil to  the  transfer  of  any  license,  fifty  cents. 

Third — For  making  copies  of  ordinances  and  other  matters 
of  record,  in  his  office,  when  not  required  for  public  use,  for 


468 


GENERAL  ORDINANCES  OF  CITY 


each  one  hundred  words,  ten  cents;  and  for  certificates  of  au- 
thentication thereof,  under  the  corporate  seal,  twenty-five  cents. 

Fourth — For  official  certificates,  with  or  without  the  corporate 
seal,  when  not  required  for  public  use,  twenty-five  cents. 

Fifth — For  administering  and  attesting  each  oath,  when  not 
on  account  of  the  city,  fifteen  cents. 

Sixth — For  cancelling  each  certificate,  ten  cents. 

Seventh — For  issuing  each  permit  (not  including  burial  per- 
mits), granted  by  the  mayor  or  city  council,  and  required  to  be 
issued  by  the  clerk,  fifty  cents. 

Eighth — For  services  performed  as  clerk  of  Capital  township, 
he  shall  be  entitled  to  charge  the  same  fees  allowed  by  the  laws 
of  Illinois  to  other  town  clerks  for  like  services. 

471.  Clerk  to  keep  a record  of  all  fees — semi-annual  report.] 

The  city  clerk  shall  keep  a full,  true  and  correct  account  of  all 
the  fees  and  emoluments  of  his  office,  collected  or  received  by 
him,  and  shall  pay  the  same  into  the  city  treasury  on  the  first 
day  of  each  and  every  month;  and  he  shall  also  make  out  and 
return  to  the  mayor  and  city  council  a semi-annual  report,  on 
the  first  Monday  of  May  and  November  in  each  year,  of  all  the 
fees  and  emoluments  of  his  office  received  during  the  half  year 
ending  at  the  time  of  such  report.  Said  report  shall  be  verified 
by  affidavit,  and  shall  show  the  manner  in  which  such  fees  and 
emoluments  accrued. 


Article  II. 

COMPENSATION  OF  PERSONS  OTHER  THAN  CITY  OFFICERS. 

472.  Judges  and  clerks  of  election — fees  of.]  Judges  and 
clerks  of  elections,  in  the  city  of  Springfield  and  Capital  town- 
ship, shall  each  be  entitled  to  receive  the  sum  of  three  dollars 
for  each  day  they  may  be  actually  engaged  in  registering  votes, 
and  in  holding  and  conducting  any  election.  The  expense  of 
holding  city  elections  shall  be  paid  out  of  the  city  treasury,  and 
of  town  elections  from  the  town  treasury. 

473.  Witnesses  and  jurors — fees  of.]  Witnesses  and  jurors 
attending  or  serving  before  any  police  magistrate  or  justice  of 


COMPENSATION  OF  PERSONS  NOT  CITY  OFFICERS.  469 


the  peace,  in  any  suit  or  action  for  the  recovery  of  any  fine  or 
penalty  under  the  ordinances  of  said  city,  shall,  in  case  judg- 
ment be  obtained  against  the  offender,  be  entitled  to  the  same 
fees  as  are  allowed  by  the  statutes  of  the  State  of  Illinois,  in 
like  cases,  before  justices  of  the  peace:  Provided , that  no  costs 

shall  be  taxed  against  or  collected  of  the  city  in  any  such  suit,  and 
no  city  officer  shall  be  entitled  to  any  witness  fees  in  any  action 
for  a violation  of  any  city  ordinance,  where  the  city  is  plaintiff. 

474.  Charging  unlawful  fees — penalty.]  Any  officer  or 
other  person,  entitled  under  the  provisions  of  this  chapter  to 
charge  and  receive  any  fees  or  costs,  who  shall  ask,  demand  or 
receive  any  greater  sum  than  he  is  authorized  to  charge  by  the 
provisions  hereof,  or  who  shall  knowingly  charge  a fee  for  any 
service  when  none  is  allowed  him  by  ordinance,  shall  be  subject 
to  a fine  of  not  less  than  five  dollars  nor  more  than  fifty  dollars 
for  each  and  every  such  offense. 


470 


GENERAL  ORDINANCES  OF  Cm-. 


CHAPTER  XIV. 

FIRE  LIMITS,  BUILDINGS  AND  FIRE  ESCAPES. 


Article  I.  The  Fire  Limits  and  Buildings  therein. 

II.  Permits  for  Buildings  within  Fire  Limits. 

III.  Other  Provisions— Fire  Escapes. 

Article  I. 

THE  FIRE  LIMITS,  AND  BUILDINGS  THEREIN. 

475.  Limits  defined.]  All  that  portion  of  the  city  of  Spring- 
field  embraced  wthin  the  following  boundaries,  to-wit:  Begin- 
ning at  the  center  of  Mason  street,  at  its  intersection  with  First 
street,  and  running  east  on  the  center  line  of  Mason  street  to 
the  east  line  of  Second  street;  thence  east  on  the  center  line  of 
Mason  street,  extended  through  Enos’  west  addition  to  the  city 
of  Springfield,  through  Assessor’s  sub-division,  through  John 
Taylor’s  addition  to  the  city  of  Springfield,  through  Ninian  Ed- 
wards’s addition  to  the  city  of  Springfield,  to  the  center  line  of 
Mason  street  on  the  east  line  of  Sixth  street ; thence  east  on  the 
center  line  of  Mason  street  to  Eleventh  street;  thence  south  on 
the  center  line  of  Eleventh  street  to  the  south  line  of  Jackson 
street;  thence  west  on  the  south  line  of  Jackson  street;  thence 
west  on  the  south  line  of  Jackson  street  to  the  east  line  of  Sixth 
street;  thence  west  on  the  south  line  of  Jackson  street,  extend- 
ed through  P.  P.  Enos’  second  addition  to  the  city'  of  Spring- 
field,  to  Fifth  street;  thence  west  on  the  south  line  of  Jackson 
street  to  the  center  of  Second  street ; thence  north  to  the  center 
of  Monroe  street;  thence  west  on  the  center  of  Monroe  street  to 
the  center  of  First  street;  thence  north  on  the  center  line  of 
First  street  to  the  place  of  beginning,  together  with  such  other 
portions  of  the  city  as  may  hereafter,  from  time  to  time,  be  added 
thereto  by  ordinance,  shall  constitute  and  be  known  as  the  fire 
limits  of  said  city.  [As  amended  July  7,  1890. 


THE  FIRE  LIMITS  AND  BUILDINGS  THEREIN. 


471 


476.  Kind  of  building*  which  may  be  erected — penalty  for 
violation.]  No  building  or  part  of  any  building  shall  here- 
after be  erected  within  the  aforesaid  fire  limits,  except  as  here- 
inafter provided,  unless  all  the  outside  walls  and  party  walls 
thereof  shall  be  built  of  brick,  stone,  iron  or  other  fire-proof  ma- 
terial, under  a penalty  to  the  owner  or  builder  of  such  building 
of  not  less  than  twenty-five  dollars  nor  more  than  two  hundred 
dollars  for  each  offense,  and  a further  penalty  of  twenty-five 
dollars  for  every  day,  after  the  first  conviction,  that  such  offense 
may  be  continued. 

477.  Walls — fire  walls,  roof — manner  of  constructing.] 

All  outside,  end  and  party  walls  of  any  brick,  stone,  iron  or  other 
fire-proof  building,  hereafter  erected  within  said  fire  limits, 
shall  extend  above  the  roof  of  such  building  at  least  ten  inches, 
and  the  sheeting  of  the  roof  shall  not  extend  across  the  fire  wall 
of  any  such  building.  All  wooden  joists  or  timbers  placed  in 
the  outside  or  party  walls  of  any  such  building  shall  be  separated 
from  each  other  at  least  four  inches,  by  brick  or  stone  well  laid 
in  mortar;  and  all  wooden  lintels,  door,  or  window  frames, 
placed  in  the  front,  rear  or  side  walls  thereof,  shall  recede  from 
the  outside  of  the  wall  at  least  four  inches,  or,  when  they  do  not 
so  recede,  shall  be  covered  with  fire-proof  material. 

478.  Roofs,  gutters  and  cornices — of  what  material  made — 
penalty.]  All  roofs  and  gutters  hereafter  placed  upon  any 
brick,  stone  or  other  fire-proof  building  now  erected,  or  which 
may  hereafter  be  erected,  within  the  fire  limits,  shall  be  covered 
on  the  outside  surface  with  tin,  zinc,  iron,  slate  or  other  fire- 
proof material,  and  all  cornices  attached  to  any  such  building 
shall  be  of  zinc  or  galvanized  iron,  or,  if  of  wood,  shall  be  cov- 
ered with  fire-proof  material,  and  shall  be  separated  from  the 
wooden  cornices  or  other  wooden  part  of  any  adjoining  build- 
ing, jiy  a brick,  stone  or  iron  partition  at  least  four  inches  thick ; 
and  none  of  the  outer  timbers  or  wood  work  of  any  such  building 
shall  be  connected  with  any  of  the  interior  timbers  or  wood  work 
thereof.  Whoever  violates  or  fails  to  comply  with  any  of  the 
above  provisions  of  this  section,  or  of  the  next  preceding  sec- 
tion hereof,  shall  forfeit  and  pay  a fine  of  not  less  than  twenty 
dollars  nor  more  than  ©ne  hundred  dollars,  for  each  and  every 
offense. 


472 


GENERAL  OHDJ  NANCES  OF  CITY. 


479.  Balconies  may  be  erected  from  front  of  buildings.] 

Owners  of  property  within  the  fire  limits  of  this  city  may  erect 
balconies  from  the  front  of  their  buildings  to  the  outside  of 
the  sidewalk  upon  presenting  to  the  city  council,  plans  of  the 
proposed  balcony  and  having  same  approved  by  the  city  council 
and  receiving  permission  of  the  council  to  erect  the  same. 

480.  Not  to  be  of  combustible  material.]  No  person  shall 

erect  any  such  balcony  of  wood  or  of  any  combustible  material, 
and  no  such  balcony  shall  be  erected  without  the  approval  of 
the  city  council.  Such  balconies  shall  be  supported  at  the 
outer  edge  of  the  sidewalk  by  metallic  posts  and  no  posts  or 
supporters  shall  be  placed  at  the  street  line  at  the  building  and 
the  outside  of  the  sidewalk.  Such  balconies  shall  be  erected  at 
least  twelve  feet  above  the  sidewalk  between  the  building  and 
the  curb.  [Passed  August  1,  1892. 

481.  Wooden  buildings — how  repaired,  constructed,  etc. — 

penalty  for  violation.]  No  wooden  buildings,  nor  part  of  any 
wooden  building,  shall  be  erected,  constructed,  raised  or  enlarged, 
within  the  fire  limits  of  said  city;  nor  shall  any  wooden  build- 
ing or  part  thereof,  be  removed  from  any  place  to  another  with- 
in said  fire  limits,  nor  be  brought  from  without  the  fire  limits 
into  the  same:  Provided , that  sheds  with  one  or  more  sides 

open  not  exceeding  twelve  feet  in  height  at  the  highest  part 
thereof,  and  not  occupying  more  than  twelve  by  fourteen  feet 
of  ground  space,  and  one  shed  only,  to  be  erected  on  each  twenty 
foot  lot,  and  privies  not  exceeding  six  feet  square  and  ten  feet 
in  heighth  may  be  constructed  of  wood;  and  provided,  further, 
that  buildings  built  of  wood  and  used  for  private  dwelling  houses 
exclusively,  may  be  repaired  and  the  roofs  thereof  recovered 
with  shingles  or  boards,  but  they  shall  not  be  raised  or  enlarged. 
Any  person  violating  any  of  the  provisions  of  this  section  shall 
be  subject  to  a fine  of  not  less  than  twenty  dollars,  nor  more 
than  two  hundred  dollars  for  each  offense,  and  to  a further  fine 
of  twenty  dollars  for  every  day  after  the  first  conviction,  that 
such  person  shall  continue  such  violation,  f As  amended  February 
4,  1895. 

482.  Wooden  buildings — when  damaged  by  fire,  etc.,  not 
to  be  repaired  or  rebuilt.]  No  wooden  building,  within  the 
fire  limits,  which  may  become  damaged  to  the  extent  of  fifty 


THE  FIRE  LIMITS  AND  BUILDINGS  THEREIN.  473 

per  centum  of  the  value  thereof  by  fire,  decay  or  otherwise,  shall 
be  repaired  or  rebuilt;  nor  shall  any  such  building,  when  the 
damage  thereto  is  less  than  fifty  per  cent,  of  the  value  thereof, 
be  so  repaired  or  rebuilt  as  to  be  raised  higher  than  the  highest 
part  left  standing  after  such  damage  shall  have  occurred,  or  so 
as  to  be  in  a better  state  of  repair,  or  to  occupy  a greater  space 
than  before  the  injury  thereto.  The  extent  of  the  damage  that 
may  be  done  to  any  such  building,  by  fire  or  other  casualty,  may 
be  determined  by  three  disinterested  persons,  residents  of  said 
city,  one  of  whom  shall  be  selected  by  the  owner  or  agent  of  the 
building,  the  second  by  the  fire  marshal  or  chairman  of  the  com- 
mittee on  fire  and  water,  and  the  two  so  chosen  shall  select  a 
third.  The  persons  so  chosen  shall  be  first  duly  sworn  to  fairly 
and  impartially  estimate  such  damage,  and  their  decision  thereon 
shall  be  final. 

483.  When  declared  a nuisance — marshal  to  order  removal 
— penalty  for  violation.]  Any  wooden  building  or  wooden  part 
of  any  building,  which  may  be  erected,  raised,  enlarged,  repaired 
or  removed,  or  which  may  be  in  process  of  erection,  raising,  en- 
larging, repair  or  removal,  within  said  fire  limits,  contrary  in 
either  case  to  any  of  the  foregoing  provisions  of  this  article,, 
shall  be  deemed  and  is  hereby  declared  to  be  a nuisance;  and 
the  fire  marshal,  or  the  chairman  of  the  committee  on  fire  and 
water  shall,  upon  information  of  any  such  violation,  immedi- 
ately notify  the  owner,  agent  or  builder  of  such  building  to  abate, 
remedy  or  remove  the  same,  or  such  part  thereof  as  may  be 
deemed  necessary.  In  case  of  failure  on  the  part  of  such  owner, 
agent  or  builder  to  comply  with  such  notice  within  a reasonable 
time  thereafter,  the  mayor  shall,  by  an  order  in  writing,  re- 
quire the  superintendent  of  police  to  tear  down  and  remove 
such  building,  or  such  part  of  the  same  as  may  be'  necessary, 
and  the  superintendent  shall  execute  said  order,  and  report  the 
cost  thereof  to  the  city  council  for  allowance;  and  such  cost  and 
expense  may  be  collected  of  the  owner,  agent  or  builder  of  such 
building,  liable  therefor,  by  suit,  in  the  name  of  the  city,  be- 
fore any  court  of  competent  jurisdiction. 

484.  Lumber  yards  shall  not  be  opened — penalty.]  No  lum- 
ber yard  shall  hereafter  be  opened  or  established  within  the  fire 
limits  of  said  city,  under  a penalty  to  the  person  or  persons  of- 


—17 


474 


GENERAL  ORDINANCES  OF  CITY. 


fending  of  not  less  than  twenty-five  dollars  nor  more  than  two 
hundred  dollars,  and  a further  penalty  of  twenty-five  dollars  for 
every  day,  after  the  first  conviction,  that  the  same  may  be  con- 
tinued. 

485.  Not  more  than  twenty  thousand  feet  of  lumber  kept 
for  building  at  one  time — penalty.]  No  carpenter,  builder 
or  other  person  shall  keep  on  hand,  within  the  fire  limits,  for 
manufacturing  or  building  purposes,  more  than  twenty  thou- 
sand feet  of  lumber  at  one  time,  under  a penalty  of-  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each  and  every 
offense. 

486.  All  lumber  to  be  stacked  or  piled — penalty.]  All  per- 
sons having  or  keeping  lumber  on  hand,  whether  within  or  with- 
out the  fire  limits  in  said  city,  shall  keep  the  same  stacked  or 
piled  up  in  compact  piles,  and  shall  not  permit  any  shavings, 
straw  or  other  like  combustible  materials  to  be  deposited  or 
scattered  around  or  near  the  same,  under  a penalty,  in  each 
case,  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

487.  Ashes,  offal  and  garbage  to  be  kept  in  boxes  or  barrels 
— penalty.]  Every  owner  or  occupant  of  any  building  or 
premises,  within  the  fire  limits,  shall  provide  and  keep,  at  the 
rear  of  such  buiding  or  premises,  a suitable  sheet  iron  box,  or 
other  metallic  vessel,  in  which  to  deposit  all  ashes,  and  also  one 
or  more  boxes  or  barrels  for  the  reception  of  offal,  garbage  and 
rubbish  that  may  be  accumulated  about  such  premises,  so  that 
the  same  shall  not  be  thrown  or  deposited  in  or  upon  any  im- 
proved street  or  alley  adjacent  thereto,  under  a penalty  of  one 
dollar  for  very  day  that  such  owner  or  occupant  shall  fail  to 
comply  with  the  requirements  of  this  section,  after  notice  to  do 
so  by  the  street  superintendent  or  any  police  officer  of  said  city. 

488.  Fire  marshal  to  inspect.]  It  is  hereby  made  the  duty 
of  the  fire  marshal  to  inspect  and  examine,  from  time  to  time, 
all  buildings  or  inclosures  in  process  of  erection,  construction,  al- 
teration, repair  or  removal,  within  the  fire  limits  aforesaid,  and 
to  enforce,  or  cause  to  be  enforced,  the  provisions  of  this  article 
in  relation  thereto. 


PERMITS  FOR  BUILDINGS  WITHIN  FIRE  LIMITS. 


475 


Article  II. 

PERMITS  FOR  BUILDINGS  WITHIN  FIRE  LIMITS. 

489.  Permits  for  building.]  No  person  shall  hereafter  erect 
any  new  building,  nor  add  to  or  alter  any  building  already 
erected,  within  the  fire  limits  of  said  city,  without  first  obtain- 
ing a permit  therefor,  in  the  manner  hereinafter  prescribed: 
Provided , that  no  permit  shall  be  required  for  making  ordinary 
repairs,  either  external  or  internal,  which  do  not  increase  the 
size  of  such  building  or  alter  its  condition  as  a fire  risk. 

490.  Application  filed  with  clerk — location  and  description 

of  building.]  Any  person  desiring  to  erect  such  new  building 
or  addition,  or  to  alter  or  change  such  existing  building,  shall 
file  with  the  city  clerk  an  application,  in  writing,  addressed  to 
the  mayor,  stating  the  dimensions  of  such  proposed  building  or 
addition;  or  if  alteration,  the  nature  and  extent  thereof,  the  lot, 
block  and  locality  where  such  building  is,  or  is  to  be,  located,  the 
general  plan  of  construction,  the  materials  to  be  used  therein, 
and  the  purpose  for  which  such  building  is  to  be  used.  If  the 
mayor  shall  find,  upon  examination,  that  the  proposed  build- 
ing, addition  or  alteration  conforms  to  the  ordinances  in  force 
at  the  time,  he  shall  indorse  his  approval  upon  such  applica- 
tion, and  the  clerk  shall  thereupon  issue  a permit  to  said  appli- 
cant under  the  corporate  seal,  upon  his  giving  bond  as  herein- 
after provided:  Provided , that  no  permit  shall  at  any  time  be 

issued  for  any  building  the  outside  walls  of  which  shall  be  of 
corrugated  iron,  but  all  outer  walls  shall  be  of  stone,  brick  or 
iron  material  their  whole  proper  thickness. 

491.  Bond  of  applicant.]  Before  any  permit  shall  be  issued 
as  aforesaid,  the  applicant  therefor  shall  execute  and  file  with 
the  city  clerk,  a bond  to  the  city  of  Springfield,  in  such  reasonable 
sum  as  may  be  fixed  by  the  mayor,  with  at  least  two  good  sure- 
ties, to  be  approved  by  him,  conditioned  that  said  applicant  will 
pay  any  and  all  damages  that  may  be  recovered  against  the  city 
by  any  person  or  persons  on  account  of  any  injuries  to  person  or 
property,  occasioned  by  or  in  any  manner  resulting  from  the 
occupancy  or  disturbance  of  any  street,  alley  or  sidewalk  in  said 
city,  for  the  purpose  of  or  in  connection  with  the  erection  of  such 
building,  addition  or  alteration,  by  the  person  engaged  therein, 


GENERAL  ORDINANCES  OE  CITY. 


470 


or  by  any  person  or  persons  in  his  employ,  and  also  to  save  and 
keej)  the  said  city  free  from  all  such  damages  and  costs  as  may 
be  incurred  in  defending  against  such  claims. 

492.  Penalties  for  violation.]  Any  proprietor,  contractor 

or  other  person,  who  shall  own,  build,  or  aid  in  the  erection  of 
any  building  or  part  of  building,  or  in  the  alteration  of  any 
building,  within  said  fire  limits,  without  having  procured  a 
permit  therefor  and  given  bond,  as  provided  in  the  foregoing 
sections  of  this  article,  shall,  upon  conviction,  be  fined  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense,  and  be  subject  to  a further  fine  of  ten  dollars  for  every 
day  he  or  they  shall  fail  to  comply  with  the  requirements  of  this 
article,  or  shall  continue  in  violation  thereof. 

Article  III. 

OTHER  PROVISIONS  RELATING  TO  BUILDINGS — FIRE  ESCAPES. 

493.  Fire  escapes,  scuttles,  etc. — penalty  for  failure  to  pro- 
vide.] The  owner  of  any.  building  within  the  city  of  Spring- 
field,  which  exceeds  one  story  in  height  and  is  not  covered  with 
fire-proof  material,  shall  cause  a suitable  scuttle  or  opening  to 
be  constructed  in  the  roof  thereof,  with  convenient  stairs  lead- 
ing thereto,  or  shall  keep  on  the  premises  a ladder  of  sufficient 
length  to  reach  the  roof  of  such  building,  or  provide  some  other 
convenient  means  of  access  to  the  same  in  case  of  fire,  under  a 
penalty  of  five  dollars  for  each  offense,  and  a further  penalty  of 
one  dollar  for  very  day,  after  the  first  conviction,  that  he  shall 
fail  or  refuse  to  comply  with  the  requirements  of  this  section. 

494.  Chimneys — how  built — penalty.]  All  chimneys  or 
flues  in  and  about  any  building  or  manufactory  shall  be  built 
up  from  the  ground,  and  smoothly  plastered  on  the  inside  there- 
of with  good  mortar  or  cement,  and  shall  be  so  constructed  as 
to  settle  with  the  rest  of  the  building,  and  not  be  liable  to  crack 
or  separate  with  the  settling  thereof.  The  holes  for  the  inser- 
tion of  stove-pipes  shall  be  made  with  an  iron,  stone  or  earthen- 
ware thimble  or  casing  inserted  in  the  chimney  or  flue;  and  when 
the  chimney  or  flue  shall  be  used,  the  holes,  unless  also  in  use, 
shall  be  securely  stopped  with  a tin,  zinc  or  iron  stopper,  having 
a flange  of  at  least  one  inch  on  the  outside  of  the  flue.  Who- 


PROVISIONS  RELATING  TO  BUILDINGS — FIRE  ESCAPES.  477 


ever  shall  erect,  build  or  use  any  chimney  or  flue  contrary  to 
any  requirements  of  this  section,  shall,  on  conviction,  be  fined 
not  less  than  five  dollars  nor  more  than  'twenty-five  dollars  for 
each  offense,  and  be  subject  to  a further  fine  of  two  dollars  for 
every  day  thereafter  that  he  shall  fail  or  refuse  to  comply  with 
the  requirements  hereof. 

495.  Stove-pipes  to  be  fitted  to  flues — distance  from  wood — 
how  secured — penalty.]  All  stove-pipes  used  in  any  building, 
in  said  city,  shall  be  put  up  securely,  and  shall  lead  to  and  be 
closely  fitted  in  a brick  or  stone  chimney  or  flue.  If  any  stove- 
pipe shall  lead  otherwise  than  into  such  chimney  or  flue,  it  shall 
be  separated  at  least  three  inches  from  any  wood  or  other  com- 
bustible material,  by  a double  circle  of  tin,  zinc  or  sheet-iron, 
connected  with  like  metal,  with  holes  through  the  connecting 
metal  between  the  pipe  and  wood,  or  shall  be  otherwise  pro- 
tected from  danger  by  fire.  All  stoves,  set  up  and  used  with- 
out secure  aprons  or  hearths,  shall  be  placed  upon  a platform 
of  brick,  zinc  or  other  incombustible  material,  extending  out 
from  the  stove  far  enough  to  prevent  the  fire  from  falling  upon 
the  floor,  and  if  set  within  twelve  inches  of  the  wood-work  of 
any  wall,  the  wall  shall  be  protected  by  a tin,  zinc,  or  other 
incombustible  covering.  Any  person  who  shall  put  up  or  use 
any  stove  or  stove-pipe,  contrary  to  the  provisions  of  this  sec- 
tion, shall  be  subject  to  a penalty  of  not  less  than  three  dol- 
lars nor  more  than  ten  dollars  for  each  offense,  and  to  a further 
penalty  of  one  dollar  for  every  day,  after  the  first  conviction, 
that  he  shall  fail  to  comply  with  the  requirements  hereof. 

496.  Accumulation  of  combustibles  prohibited — penalty.] 

All  mechanics,  carpenters  or  other  persons,  using  or  occupy- 
ing shops  or  buildings  within  the  city,  where  shavings  or  other 
like  combustible  materials  are  made  or  accumulated,  shall  clear 
out  and  remove  such  combustible  materials  from  their  shops 
or  buildings,  and  the  premises  adjacent  thereto,  as  often  as 
may  be  necessary  to  prevent  the  dangerous  accumulation  there- 
of. The  stove  used  in  any  such  shop  or  building  shall  be  set 
in  a box  or  frame,  extending  at  least  six  inches  above  the  floor, 
and  at  least  ten  inches  around  and  outside  of  the  stove,  and 
filled  or  lined  with  fire-proof  material.  The  pipe  of  such  stove 
shall  be  carefully  put  up  in  the  manner  hereinbefore  described; 


478 


GENERAL  ORDINANCES  OF  CITY. 


and  all  lighted  candles  or  lamps,  used  in  any  such  shops  or 
buildings,  shall  be  set  in  suitable  stands,  and  kept  at  a secure 
distance  from  any  combustible  material.  Whoever  shall  fail 
to  comply  with,  or  shall  violate  any  of  the  provisions  of  this 
section,  shall,  for  each  offense,  be  subject  to  a penalty  of  not 
less  than  three  dollars  nor  more  than  twenty-five  dollars. 

497.  Fire  marshal  shall  inspect  all  buildings — may  order 
buildings  removed,  or  cause  to  be  put  in  safe  condition — to 
notify.]  The  fire  marshal  is  hereby  authorized  and  required, 
from  time  to  time,  to  enter  and  inspect  all  buildings  within 
said  city,  and  examine  whether  they  are  in  safe  condition;  and 
whenever  requested  by  the  owner  or  occupant  of  any  building 
or  premises,  he  shall  carefully  inspect  the  same,  or  any  contig- 
uous building  or  inclosure,  and  shall  notify  and  require  the 
owner  or  occupant  thereof,  liable  therefor,  to  cause  any  chimney- 
flue,  furnace,  stove,  stove-pipe,  ash-house,  or  other  place  in 
which  fire  may  be  kept  or  used,  which  may  be  deemed  unsafe 
or  dangerous  in  causing  or  promoting  fires,  to  be  without  de- 
lay removed,  abated  or  put  in  safe  condition ; and  upon  the  neg- 
lect or-  refusal  of  such  owner  or  occupant  to  comply  with  such 
notice,  he  shall  be  subject  to  a penalty  of  not  less  than  three 
dollars  nor  more  than  fifty  dollars,  and  each  day  of  such  neg- 
lect or  refusal  shall  constitute  a separate  offense.  And  said 
fire  marshal  shall,  without  delay,  cause  such  building  or  prem- 
ises to  be  put  in  safe  condition;  and  the  necessary  cost  and  ex- 
pense thereof  shall  be  collected  of  such  owner  or  occupant,  liable 
therefor,  and  recovered  by  suit  in  the  name  of  the  corporation, 
before  any  court  having  jurisdiction. 

498.  Metallic  fire  escapes — where  required.]  All  buildings 

now  erected,  or  which  may  hereafter  be  erected,  within  the  city 
of  Springfield,  except  such  as  are  or  may  be  used  exclusively 
for  private  residences,  of  three  or  more  stories  in  height,  shall 
be  furnished  with  metallic  ladders,  or  metallic  fire  escapes,  or 
other  similar  device,  for  protection  against  fires,  extending  from 
the  first  story  to  the  upper  stories  and  roof  of  such  building, 
and  on  the  outer  walls  thereof,  in  such  numbers  and  location, 
and  of  such  material  and  construction,  as  the  mayor,  fire  mar- 
shal, chairman  of  the  committee  on  fire  and  water,  and  chairman 


PROVISIONS  RELATING  TO  BUILDINGS — FIRE  ESCAPES.  479 


of  the  committee  on  public  grounds  and  buildings,  or  a majority 
of  them  may,  from  time  to  time,  elect  and  determine. 

499.  Notice  to  put  up  escapes.]  After  such  election  and 

determination  shall  have  been  made  as  aforesaid,  it  shall  be  the 
duty  of  the  superintendent  of  police  of  said  city,  by  notice  in 
writing,  served  personally,  or  by  copy  left  at  their  residence 
or  place  of  business,  to  notify  and  require  the  owner  or  owners, 
agent  or  lessee,  of  any  such  building,  or  any  of  them,  to  cause 
such  metallic  ladder  or  other  fire-escape  (to  be  described  in  the 
notice)  to  be  placed  upon  such  building  within  thirty  days  from 
the  service  of  such  notice : Provided , that  all  buildings  of  more 

than  two  stories  in  height,  used  for  manufacturing  purposes, 
shall  have  one  fire-escape  for  every  twenty-five  persons,  or  less 
number,  employed  above  the  second  story  thereof. 

500.  Eailure  for  30  days — penalty  for.]  In  case  such  owner, 
agent  or  lessee,  or  any  of  them  liable  thereto,  shall  not,  within 
thirty  days  after  being  served  with  notice  as  aforesaid,  place, 
or  cause  to  be  placed  and  kept,  such  metallic  ladder  or  other 
fire-escape  upon  such  building,  as  required  by  the  provisions  of 
this  article  and  the  terms  of  said  notice,  he  or  they  shall  be  sub- 
ject to  a fine  of  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars,  and  to  a like  additional  fine  for  each  week, 
after  the  first  conviction,  that  he  or  they  shall  neglect  or  refuse 
to  comply  with  said  notice. 

501.  Erection  of  steam  works  prohibited  within  certain 

limits.]  That  no  steam  works  or  boilers  shall  hereafter  be 
erected  and  operated,  for  the  use  of  mills  or  other  manufactur- 
ing establishments,  within  that  portion  of  the  fire  limits  of 
said  city  described  as  follows : Commencing  at  the  intersec- 

tion of  Seventh  and  Jefferson  streets,  thence  south  on  the  west 
line  of  Seventh  street  to  the  corner  of  Monroe  street,  thence  west 
on  the  north  line  of  Monroe  street  to  the  corner  of  Fourth  street, 
thence  north  on  the  east  line  of  Fourth  street  to  the  corner  of 
Jefferson  street,  and  thence  east  to  the  point  of  beginning. 

502.  Penalty.]  Any  person  or  persons  violating  the  provis- 
ions of  the  foregoing  section  shall  be  subject  to  a fine  of  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dol- 
lars, and  to  a like  penalty  for  each  week  thereafter  that  such 


480 


GENERAL  ORDINANCES  OF  CITY. 


person  or  persons  shall  continue  to  erect  or  operate  said  steam 
works  or  boilers  contrary  to  the  provisions  hereof. 

503.  Take  effect  from  passage.]  This  ordinance  shall  take 

effect  and  be  in  force  from  and  after  its  passage  and  due  publi- 
cation. 


FIRES  AND  FIRE-WORKS. 


481 


CHAPTER  XV. 

FIRES,  FIRE-WORKS,  GUNPOWDER  AND  OILS. 

Article  I.  Fires  and  Fire-works. 

II.  Gunpowder  and  Other  Explosives. 

III.  Storage  of  Oils,  etc. 

Article  I. 

FIRES  AND  FIRE- WORKS. 

504.  False  alarms — penalty.]  Whoever  shall,  without  reas- 
onable cause,  by  outcry  or  otherwise,  make  or  circulate  any 
false  alarm  of  tire  within  the  city  of  Springfield,  shall  be  sub- 
ject to  a penalty  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars. 

505.  Carrying  live  coals — penalty.]  No  person  shall  carry 
any  live  coals  or  fire  from  one  place  to  another  within  said  city, 
without  securing  the  same  in  some  close  pan  or  vessel,  so  as 
to  prevent  the  coals  or  sparks  flying  therefrom,  or  so  as  not 
to  endanger  any  building  or  property  thereby,  under  a penalty 
of  not  exceeding  five  dollars  for  each  offense. 

506.  Open  lights — penalty.  No  person  shall  carry  or  use 
any  lighted  candle,  lamp,  or  burning  light  of  any  kind,  in  any 
barn  or  stable  within  the  city  limits,  where  any  hay,  straw, 
or  other  like  combustible  materials,  are  kept  or  stored,  unless 
such  light  be  enclosed  in  a lantern  or  other  secure  casing,  so  as 
to  prevent  the  taking  fire  therefrom,  under  a penalty  of  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 

507.  Kindling  fire  on  pavements  or  sidewalks.]  Whoever 
shall  throw,  place  or  leave  any  live  coals  or  fire,  or  make  or  kindle 
any  fire,  upon  any  wooden  paved  street  or  alley,  or  upon  any 
planked  sidewalk  or  street  crossing,  shall  be  liable  to  a fine  of 


482  GENERAL  ORDINANCES  OF  CITY. 

not  less  than  three  dollars  nor  more  than  fifty  dollars  for  each, 
offense,  and  shall  also  be  liable  to  the  city,  in  a separate  suit, 
for  any  damage  or  injury  caused  thereby. 

508.  Lights  near  combustibles.]  Whoever  shall,  in  said  city, 

willfully  or  negligently  make,  use,  or  leave  any  fire,  or  shall 
deposit  or  leave  any  ashes,  or  other  combustible  or  inflammable 
material,  liquid  or  substance,  or  shall  use  or  leave  any  lighted 
candle,  lamp,  gas  or  electric  light,  at  such  time  or  in  such  man- 
ner as  to  endanger  any  building  or  other  property,  or  so  as  to 
cause  any  damage  or  injury  to  any  building  or  other  property, 
shall  be  subject  to  a penalty  of  not  less  than  three  dollars  nor 
more  than  one  hundred  dollars  in  each  case. 

509.  Shall  not  make  fire  within  20  feet  of  building.]  No 

person  shall  make,  kindle  or  use  any  fire  in  any  shed,  or  in  any 
building  not  fire-proof,  except  in  a secure  fire-place  or  furnace, 
built  for  that  purpose;  nor  shall  make,  kindle,  or  use  any  out- 
door fire,  when  necessary  for,  outdoor  work,  within  twenty  feet 
of  any  building  or  other  property  likely  to  be  endangered 
thereby,  unless  in  a secure  furnace  made  for  that  purpose;  nor 
shall  leave  any  such  outdoor  fire  burning  after  ceasing  to  use 
the  same,  under  a penalty,  in  each  case,  of  not  less  than  three 
dollars  nor  more  than  fifty  dollars. 

510.  Shall  not  burn  out  chimneys.]  No  person  shall  set  fire 
to,  or  burn  out,  any  chimney  or  flue,  except  in  the  daytime,  and 
when  it  may  be  raining,  or  when  the  roof  of  the  house  may  be 
wet  or  covered  with  snow,  under  a penalty  of  three  dollars  for 
each  offense;  and  the  person  or  persons  occupying  any  building 
shall  cause  all  chimneys,  flues  and  stove-pipes  used  therein  to 
be  cleaned,  swept  or  burned  out  at  least  once  during  each  year, 
and  as  much  oftener  as  may  be  necessary  to  prevent  the  danger- 
ous accumulation  of  soot,  under  a penalty  of  not  exceeding  three 
dollars  for  each  offense. 

511.  Boiling  tar,  pitch,  etc.]  No  person  shall  boil  any 
pitch,  resin,  coal  tar,  or  other  inflammable  liquid  or  substance, 
except  in  a fire-proof  building,  or  in  some  open  place  at  least 
thirty  feet  distant  from  any  building  or  other  property  likely  to  be 
endangered  or  injured  thereby,  under  a penalty  of  three  dollars 
for  each  offense. 


FIRES  AND  FIRE-WORKS. 


483 


512.  Burning  shavings  in  public  places.]  No  person,  unless 
it  may  be  raining  at  the  time,  or  the  air  be  still,  shall  set  fire 
to  or  burn  any  shavings,  straw  or  other  combustible  materials, 
in  any  open  or  public  place  within  the  city;  nor  shall  any  per- 
son, at  any  time,  set  fire  to  or  burn  any  such  combustible  mate- 
rials within  thirty  feet  of  any  building  or  other  property  likely 
to  be  endangered  or  damaged  thereby,  under  a penalty,  in  either 
case,  of  not  less  than  three  dollars  nor  more  than  ten  dollars. 

513.  Straw  or  shavings  not  to  be  strewn  near  any  building.] 

No  person  shall  strew,  trail  or  leave  any  shavings,  straw,  or 
other  like  combustible  materials,  in,  around  or  near  any  build- 
ing or  other  property,  so  as  to  endanger  or  be  likely  to  en- 
danger, or  damage  the  same  in  case  of  fire,  under  a penalty  of 
not  exceeding  three  dollars  for  each  offense. 

514.  Hay  and  straw  to  be  stored  in  building  with  metal  or 
shingle  roof.]  No  person  shall  stack  or  deposit  more  than  one 
ton  of  straw  or  hay  within  said  city  except  in  a building  pro- 
vided with  a metal  or  shingle  roof  under  a penalty  of  not  less 
than  ten  dollars,  and  a further  penalty  of  five  dollars  for  each 
day  the  same  may  remain  after  notice  by  the  fire  marshal  or 
any  police  officer  to  remove  it.  [As  amended  November  9,  1892. 

515.  Ashes  not  to  be  kept  within  ten  feet  of  building.]  No 

person  shall  keep  or  deposit  any  ashes  in  any  building,  or  in 
any  place  within  ten  feet  of  any  building,  shed,  fence,  or  other 
combustible  property,  unless  within  a secure  and  covered  me- 
tallic, earthenware,  or  other  fire-proof  vessel,  or  in  a fire-proof 
ash-house,  under  a penalty  of  not  exceeding  three  dollars;  and 
all  soap-makers,  and  other  persons  using  ashes  for  manufactur- 
ing purposes,  in  any  wooden  ash-house  or  .other  wooden  struc- 
ture, shall  keep  the  same  well  dampened  or  saturated  with  water, 
under  a penalty  of  three  dollars. 

516.  Discharge  of  fire  arms  prohibited.]  Whoever  shall, 

within  the  corporate  limits  of  the  city,  fire  or  discharge  any 
cannon,  gun,  pistol  or  other  fire-arm,  shall  be  subject  to  a pen- 
alty of  not  less  than  three  dollars  nor  more  than  twenty-five 
dollars  for  each  offense:  Provided,  that  the  discharge  of  fire 

arms  by  the  members  of  any  military  company,  when  on  pa- 
rade, and  in  accordance  with  the  command  of  their  command- 


484 


GENERAL  ORDINANCES  OF  CITY. 


ing  officer  or  by  any  officer  or  other  person  in  the  performance 
of  any  legal  duty  or  lawful  act,  when  the  same  may  be  done 
without  endangering  the  safety  of  any  person,  or  the  injuring 
of  any  property,  shall  not  be  deemed  violations  hereof. 

517.  Child  under  eighteen  not  to  have  fire  arms.]  It  shall 

be  unlawful  for  any  parent  or  guardian  of  any  child  under  the 
age  of  eighteen,  to  permit,  suffer  or  allow  any  such  child  to  han- 
dle or  have  in  his  possession  within  the  city  of  Springfield,  any 
cannon,  gun,  pistol  or  any  toy  gun  or  toy  cannon,  or  toy  pistol 
or  air  gun  or  any  other  similar  weapon,  or  any  fire  arm  of  any 
description  which  is  a deadly  weapon  or  which  if  discharged 
is  of  sufficient  force  or  power  to  inflict  bodily  injury.  Any 
such  parent  or  guardian  who  shall  violate  the  provisions  of  sec- 
tion 1 of  this  ordinance  shall  upon  conviction  be  fined  in  any 
sum  not  less  than  ten  dollars  or  more  than  twenty-five  dollars. 
[Passed  December  17,  1900. 

518.  Fire  works  and  bonfires  prohibited,  except  on  4th  of 

July.]  Whoever  shall  set  off,  fire  or  explode  any  toy-pistol, 
torpedo,  fire-cracker,  roman-candle,  sky-rocket  or  other  fire- 
works, or  shall  make  or  kindle  any  bonfire  within  said  city,  shall 
incur  a penalty  of  not  less  than  one  dollar  nor  more  than  five 
dollars  for  each  and  every  such  offense:  Provided , that  the 

setting  off  or  exploding  of  fire-works,  or  the  making  or  kindling 
of  bonfires,  on  the  fourth  day  of  July  in  any  year,  shall  not  be 
deemed  violations  of  this  section. 

519.  Police  to  enforce.]  It  is  hereby  made  the  duty  of  the 
several  members  of  the  police  force  to  see  that  the  provisions 
of  this  article  are  strictly  enforced. 

Article  II. 

GUNPOWDER  AND  OTHER  EXPLOSIVE  MATERIALS. 

520.  Gunpowder — how  stored.]  Xo  person  shall,  within  the 

city  of  Springfield,  keep,  sell  or  give  away  gunpowder,  or  other 
like  explosive  material,  in  any  quantity,  without  a permit 
therefor  from  the  city  council,  signed  by  the  mayor  and  clerk, 
and  sealed  with  the  corporate  seal,  under  a penalty  of  twenty- 
five  dollars  for  each  offense:  Provided , that  any  person  may 


GUNPOWDER  AND  OTHER  EXPLOSIVE  MATERIALS.  485 

keep  gunpowder  for  his  own  use,  in  any  quantity  not  exceeding 
two  pounds  at  one  time. 

521.  Permits  may  be  granted.]  No  person  to  whom  any 
permit  may  be  granted  to  keep  or  sell  gunpowder,  or  other  like 
explosive  substance,  shall  deposit  or  keep  in  store  exceeding 
fifty  pounds  of  gunpowder  within  the  city,  unless  the  same 
shall  be  kept  in  a secure,  fire-proof  powder-house  or  magazine, 
built  for  that  purpose,  and  located  at  least  three  hundred  feet 
from  any  other  occupied  building;  nor  shall  such  person,  at 
his  place  of  business,  or  elsewhere  in  the  city,  keep  on  hand  at 
any  one  time,  for  sale  or  delivery,  exceeding  fifty  pounds  of 
gunpowder,  which  shall  be  kept  in  tin  or  other  metallic  canis- 
ters or  cases,  stored  in  a part  of  the  building  remote  from  any 
fire,  lamp  or  gas  light,  and  where  it  can  be  easily  removed  in 
case  of  fire.  Whoever  shall  violate  any  of  the  provisions  of  this 
section  shall  be  subject  to  a penalty,  in  each  case,  of  not  less 
than  ten  dollars  nor  more  than  fifty  dollars. 

522.  Shall  keep  sign.]  Each  person  or  firm  to  whom  a 
permit  may  be  granted,  shall  keep  a sign,  with  the  words  “Gun- 
powder for  Sale,”  in  plain,  legible  letters  thereon,  in  some  con- 
spicuous part  of  the  front  of  the  building  occupied  by  him, 
under  a penalty  of  not  more  than  three  dollars  for  each  week 
he  shall  neglect  or  fail  so  to  do. 

523.  Sell  only  in  sealed  cans  by  artificial  light.  ] No  person 
shall  sell  or  deliver  any  gunpowder,  gun-cotton,  camphene,  or 
other  like  explosive  substance  or  compound,  by  any  fire,  can- 
dle, lamp,  gas  or  other  light,  unless  in  sealed  cans,  canisters  or 
cases,  under  a penalty  of  three  dollars  for  each  offense. 

524.  Shall  not  carry  to  exceed  two  pounds,  except  in  cans.] 

No  person  shall  carry  or  convey  any  gunpowder  or  other  like 
explosive  substance,  in  or  through  any  street,  avenue,  alley  or 
other  public  place,  in  a careless  or  negligent  manner,  or  in  any 
quantity  exceeding  two  pounds,  except  the  same  be  inclosed  in 
secure  canisters,  cases  or  kegs ; nor  shall  remain  with  the  same 
in  any  street,  alley  or  other  public  place,  longer  than  may  be 
necessary  for  the  carrying  or  transportation  thereof  from  one 
place  to  another,  under  a penalty  of  five  dollars  in  each  case. 


186 


GENERAL  OUDINANCES  OF  CITY. 


525.  Shall  not  carry  concealed  or  falsely  marked.]  Whoever 
shall  bring  or  cause  to  be  brought  into  the  city,  any  gunpowder, 
or  other  like  explosive  powder  or  substance,  concealed  in  any 
box,  barrel  or  package,  or  any  package  or  case  containing  gun- 
powder and  marked  or  purporting  to  be  other  than  gunpowder, 
shall  be  subject  to  a penalty  of  not  less  than  ten  dollars  nor  more 
than  one  hundred  dollars. 

526.  Shall  remove  in  case  of  fire.]  Any  person  keeping  gun- 
powder or  other  like  explosive  material  in  any  building  within 
the  city,  shall,  in  the  event  of  such  building  taking  fire,  or  be- 
ing in  danger  of  taking  fire  from  any  other  building  adjacent 
thereto,  immediately  cause  said  gunpowder  or  other  explosive 
material  to  be  removed  therefrom,  or,  in  case  of  his  not  being 
able  to  remove  the  same,  he  shall  forthwith  notify  the  fire  mar- 
shal or  other  officer  in  command  at  such  fire,  of  the  location 
and  quantity  thereof;  and  for  any  neglect  or  failure  to  comply 
with  the  requirements  of  this  section,  such  person  shall  be  liable 
to  a fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

Article  III. 

INFLAMMABLE  AND  COMBUSTIBLE  OILS. 

527.  Amount  of  storage  permitted.]  No  person,  persons  or 
corporation  shall  keep  or  store  within  the  city  of  Springfield, 
any  gasoline,  coal  oil,  petroleum  or  any  of  its  products  in  any 
greater  quantity  in  one  building  than  five  barrels  or  tanks  of 
fifty  gallons  each,  without  first  obtaining  a permit  as  herein- 
after provided.  [As  amended  April  6,  1894. 

528.  Shall  be  kept  in  cellar.]  Not  more  than  one  barrel  or 

tank  of  fifty  gallons  each  shall  be  allowed  in  any  building,  ex- 
cept all  above  one  barrel  shall  be  kept  in  a cellar;  the  floor  of 
which  shall  be  at  least  five  feet  below  the  grade  of  the  adjacent 
street,  unless  it  be  a building  kept  under  a permit. 

529.  Not  stored  on  sidewalks.]  No  gasoline,  coal  oil  or 
petroleum,  or  any  of  its  products,  shall  be  kept  or  stored  in 
front  of  any  building,  nor  on  any  street  or  alley,  lot  or  side- 
walk, for  a longer  time  than  sufficient  to  receive  in  store  or  de- 


INFLAMMABLE  AND  COMBUSTIBLE  OILS. 


487 


liver  the  same : Provided , such  time  shall  never  exceed  twenty- 

four  hours. 

530.  Council  may  grant  permit.]  If  any  person,  persons 
or  corporation  shall  desire  to  store  or  keep  any  gasoline,  coal 
oil,  petroleum,  or  any  of  its  products  in  any  greater  quantity 
than  two  barrels  or  tanks  of  fifty  gallons  each,  they  shall  ap- 
ply to  the  city  council  for  a permit,  under  the  regulations  here- 
inafter provided. 

531.  Not  more  than  100  barrels  allowed  by  permit — barrel- 

ing for  shipment.]  No  permit  shall  be  granted  by  the  council, 
for  the  storage  of  any  greater  quantity,  of  said  class  of  oil,  than 
one  hundred  barrels  or  tanks  of  fifty  gallons  capacity,  and  not 
more  than  twenty-five  barrels  of  gasoline,  or  any  oil  which  will 
ignite  or  explode,  at  a temperature  of  less  than  one  hundred 
and  fifty  degrees  Fahrenheit  shall  be  allowed  among  each  one 
hundred  barrels  kept  in  store : Provided , that  any  person,  per- 

sons, or  corporation,  doing  business  under  a permit  granted  by 
the  terms  of  this  ordinance,  shall  have  the  right  to  bring  oil 
to  their  place  of  business,  from  a point  without  the  city,  through 
pipes  laid  in  the  streets  of  the  city,  for  the  purpose  of  barrel- 
ing said  oil  for  shipment,  said  pipes  to  be  laid  under  the  di- 
rection of  the  city  engineer;  and  for  that  purpose  receiving 
tanks  necessary  for  said,  business  of  barreling  said  oil,  may  be 
constructed  and  used  on  the  premises,  but  at  no  time  shall  the 
amount  of  oil,  upon  said  premises,  exceed  said  quantity  of  one 
hundred  barrels,  or  if  gasoline  twenty-five  barrels,  and  at  no 
time  shall  said  tanks  be  used,  except  for  immediate  barreling, 
for  shipment,  and  said  receiving  tanks  shall  be  vapor  tight,  iron 
tanks,  furnished  with  the  latest  improved  safety  valves,  and  the 
aggregate  capacity  of  said  receiving  tanks  shall  not  exceed  one 
hundred  barrels. 

532.  Application  to  be  in  writing.]  All  applications  for 
permits  shall  be  in  writing,  and  shall  state  the  place  where  it 
is  proposed  to  store  the  oil,  the  character  of  the  oil  to  be  stored, 
and  the  quantity  of  each  kind ; the  size  and  character  of  the  vats 
in  which  it  is  to  be  placed;  the  size  and  nature  of  construction 
and  material  of  the  building,  in  which  it  is  to  be  kept. 

533.  Fire-proof  buildings.]  No  permit  shall  be  granted  to 
store  or  keep  such  oils,  unless  it  be  in  a fire-proof  building  de- 


GENERAL  ORDINANCES  OF  CITY. 


488 

tached  and  clear  from  all  other  buildings,  at  least  one  hundred 
feet,  and  used  exclusively  for  that  purpose,  with  cellar  at  least 
five  feet  below  the  surface  of  the  ground.  The  walls  of  such 
building  shall  be  not  less  than  sixteen  feet  higher  than  the  sur- 
face of  the  adjacent  street,  and  shall  be  of  brick  or  stone,  not 
less  than  thirteen  inches  thick  for  the  first  story,  and  not  less 
than  nine  inches  thick  for  any  upper  story,  and  the  floor  of  said 
first  story,  and  also  the  walls  up  to  the  surface  of  the  ground, 
shall  be  grouted  and  water  limed  and  made  oil  tight. 

534.  Buildings  to  be  inspected  by  fire  marshal.  ] No  permit 

shall  be  granted  unless  the  proposed  building  shall  have  been 
inspected  by  the  fire  marshal  of  the  city  and  said  fire  marshal 
shall  have  given  his  report,  in  writing,  to  the  council  upon  the 
same;  and  it  shall  be  the  duty  of  said  fire  marshal  to  as  often 
as  once  in  each  month,  inspect  all  places  to  which  permits  are 
issued,  and  for  this  purpose  he  may,  at  any  time,  enter  such 
buildings  and  pass  all  about  and  through  them. 

535.  All  permits  issued  by  the  city  clerk.]  Upon  the  grant- 
ing of  the  permit  by  the  council,  the  clerk  shall  issue  a written 
permit,  stating  the  place  where  it  may  be  kept,  the  kinds  and 
amounts  of  each  kind  of  oil  which  may  be  kept,  the  size  and 
character  of  the  receptacles  in  which  it  will  be  placed,  and  it 
shall  provide  that  it  is  held  and  granted  subject  to  all  the  ordi- 
nances of  the  city  now  in  force,  or  to  be  hereafter  adopted. 

536.  Empty  barrels  stored.]  No  person,  persons  or  corpora- 
tion shall  keep  or  store  in  or  about  their  premises  or  buildings 
more  than  one  hundred  empty  coal  oil  or  gasoline  barrels  at 
any  one  time,  and  said  barrels  shall  always  be  kept  wholly  with- 
in the  inclosure  of  said  premises,  and  so  far  as  possible  to  do  so 
within  a building  inclosed  and  furnished  with  metallic  roof. 

537.  Penalty  for  violation.]  Whoever  shall  violate  any  of 
the  provisions  of  this  article,  shall,  on  conviction,  be  fined  in 
a sum  not  less  than  twenty-five  nor  more  than  two  hundred  dol- 
lars, and  in  case  of  the  conviction  of  a person  holding  a permit 
twice  during  one  year  the  city  council  may  at  once  revoke  such 
permit. 


GENERAL  PROVISIONS. 


489 


CHAPTER  XVI. 

LIBRARIES  AND  READING  ROOMS. 

Article  I.  General  Provisions. 

II.  Penalties,  etc. 

Article  I. 

GENERAL  PROVISIONS. 

538.  Establishing.]  There  shall  be  established  and  main- 
tained in  the  city  of  Springfield,  a public  library  and  reading 
room  for  the  nse  and  benefit  of  the  inhabitants  of  said  city, 
and  such  persons  residing  outside  of  said  city  as  may  desire 
to  use  the  same  upon  the  terms  and  conditions  prescribed  by 
the  board  of  directors  hereinafter  provided  for. 

539.  Council  may  levy  tax.]  The  city  council  may,  in  each 
year,  levy  a tax  not  to  exceed  one  mill  on  the  dollar  to  be  levied 
and  collected  in  like  manner  with  the  general  taxes  of  the  city, 
and  be  known  as  the  library  fund. 

540.  Board  of  directors — how  appointed — term  of  office.] 

The  mayor  of  the  city  shall,  with  the  approval  of  the  city  coun- 
cil, proceed  to  appoint  a board  of  nine  directors  for  said  pub- 
lic library  and  reading  room,  to  be  chosen  from  the  citizens 
at  large  with  reference  to  their  fitness  for  said  office,  but  not 
more  than  one  alderman  shall  be  at  any  one  time  a member  of 
said  board.  They  shall  hold  office  one  third  for  one  year,  one 
third  for  two  years,  and  one  third  for  three  years  from  the  first 
day  of  July  following  their  appointment;  and  at  their  first  reg- 
ular meeting  shall  cast  lots  for  their  respective  terms,  and  an- 
nually thereafter,  the  mayor  shall  before  the  first  day  of  July 
of  each  year  appoint  as  before  three  directors  to  take  the  place 
of  the  retiring  directors,  who  shall  hold  office  for  three  years 
and  until  their  successors  are  appointed  as  aforesaid,  and 
the  mayor  may,  with  the  consent  of  the  council,  remove  any 


490 


GENERAL  010)1  NANCES  OF  CITY. 


director  for  misconduct  or  neglect  of  duty.  Vacancies  in  the 
board  shall  be  filled  as  original  appointments,  and  no  director 
shall  receive  compensation  as  such. 

541.  Board  to  elect  its  officers — control  and  custody  of  build- 
ings, etc. — powers  of  board.]  Said  directors  shall  immediately 

after  appointment  meet  and  organize  by  the  election  of  one  of 
their  number  president,  and  by  the  election  of  such  other  officers 
as  they  may  deem  necessary ; they  shall  make  and  adopt  such  by- 
laws, rules  and  regulations  for  their  own  guidance,  and  for 
the  government  of  the  library  and  reading  room,  as  they  may 
deem  expedient;  they  shall  have  exclusive  control  of  all  expen- 
ditures of  money  to  the  credit  of  the  library  fund,  and  of  the 
construction  of  any  library  building,  and  the  supervision,  care 
and  custody  of  the  grounds,  rooms  or  buildings  constructed, 
leased  or  set  apart  for  that  purpose : Provided , that  all  moneys 

received  for  such  library  shall  be  deposited  in  the  treasury  of 
said  city  to  the  credit  of  the  library  fund,  and  shall  be  kept 
separate  and  apart  from  other  moneys  of  said  city,  and  drawn 
upon  by  the  proper  officers  of  said  city  upon  the  properly  au- 
thenticated vouchers  of  the  library  board.  Said  board  shall 
have  power  to  purchase  or  lease  grounds,  to  occupy,  lease  or 
erect  an  appropriate  building  or  buildings  for  the  use  of  said 
library,  shall  have  power  to  appoint  a suitable  librarian  and  nec- 
essary assistants,  fix  their  compensation  and  have  the  power  of 
removal.  They  may  accept  any  donations  of  money,  books  or 
property  made  by  any  person  or  corporation,  or  body  of  per- 
sons, and  shall  hold  the  same  under  the  terms  of  the  donation 
in  trust  for  the  purposes  above  set  forth. 

542.  Board  to  make  annual  reports,  etc.]  The  board  of 
directors  shall  make,  on  or  before  the  second  'Monday  in  June 
of  each  year,  an  annual  report  to  the  city  council,  stating  the 
condition  of  their  trust  on  the  first  day  of  June  of  that  year, 
the  various  sums  of  money  received  from  the  library  fund  and 
other  sources,  how  and  for  what  purpose  expended,  the  num- 
ber of  books  and  periodicals  on  hand  and  all  additions  to  the 
trust  during  the  year,  by  purchase,  gift  or  otherwise;  the  num- 
ber lost  or  missing,  and  the  number  loaned  out  and  the  kind, 
the  number  of  visitors  during  the  year  and  such  other  informa- 
tion as  they  may  deem  of  interest,  which  report,  so  far  as  it 


PENALTIES. 


491 


relates  to  the  receipt  and  expenditure  of  money,  as  well  as  to  the 
number  of  books  on  hand,  lost  or  missing  and  books  purchased, 
shall  be  verified  by  affidavit.  [Passed,  1886. 

Article  II. 

PENALTIES,  ETC. 

543.  Willful  injury  to  property  of.]  Any  person  who  shall 
willfully  or  maliciously  cut,  write  upon,  injure,  deface,  tear  or 
destroy  any  book,  newspaper,  plate,  picture  or  engraving,  or 
statute  belonging  to  the  Springfield  Public  Library,  shall  be 
liable  to  a fine  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  every  such  offense. 

544.  Injury  to  grounds  or  buildings.]  Any  person  who  shall 
willfully  or  maliciously  commit  any  injury  to  the  grounds, 
buildings,  or  fixtures,  or  other  property  of  the  Springfield  Pub- 
lic Library,  shall  be  liable  to  a fine  of  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars  for  every  such  offense. 

545.  Failure  to  return  books,  etc.]  Any  person  who  shall 
fail  to  return  any  book  belonging  to  the  Springfield  Public 
Library,  according  to  the  requirements  of  the  by-laws,  rules  and 
regulations,  made  and  adopted  by  the  directors  of  such  library, 
for  the  government  thereof  shall  be  liable  to  a fine  of  not  less 
than  five  dollars  nor  more  than  ten  dollars  for  every  such  offense 


492 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  XVII. 

LICENSES. 


Article  I.  Provisions  Respecting  Licenses  in  General. 

II.  Application  for— How  issued— Payment— Form  of,  etc. 

Article  I. 

PROVISIONS  RESPECTING  LICENSES  IN  GENERAL — FEES  IN  EACH 
CASE WHEN  PAYABLE PENALTY. 

546.  Licenses.]  It  shall  be  unlawful  for  any  person  to  be 
engaged  in  or  to  carry  on  any  business,  occupation  or  pursuit, 
hereinafter  mentioned  in  this  article,  within  the  limits  of  the 
city  of  Springfield,  without  having  first  obtained  a license  there- 
for in  the  manner  hereinafter  provided. 

547.  Persons  requiring  license  to  register  with  clerk.] 

Every  person  engaged  in  any  business,  occupation  or  pursuit, 
required  to  be  licensed  under  the  provisions  of  this  ordinance, 
shall  register  with  the  city  clerk  his  name,  residence,  occupa- 
tion or  business,  and  the  place  where  the  latter  is,  or  is  to  be 
carried  on;  and  in  the  case  of  a company  or  firm,  the  names 
of  the  persons  composing  the  same  shall  also  be  registered. 

548.  Copartnership  under  one  license.]  Any  number  of  per- 

sons doing  business  in  copartnership,  at  any  one  place,  shall  be 
required  to  pay  but  one  license  fee  therefor : Provided , that  if 

more  than  one  kind  of  business  or  pursuit,  hereinafter  men- 
tioned, shall  be  conducted  or  carried  on  by  the  same  person  or 
firm  at  the  same  time,  a separate  license  fee  shall  be  paid  for 
each,  according  to  the  rate  prescribed. 

549.  Amount  of  license  fees.]  There  shall  be  taxed  and 
collected  of  and  from  the  persons  engaged  in  or  carrying  on 
the  different  branches  of  business,  occupations  or  pursuits  in 
this  section  mentioned,  respectively,  license  fees  for  each  year, 
at  the  rates  following,  to- wit: 


LICENSES. 


493 


First — General  auctioneers  shall  pay  a license  fee  of  two  hun- 
dred dollars,  and  special  auctioneers  a fee  of  one  hundred  dollars. 

Second — Ball  or  pin-alley  keepers  shall  pay  ten  dollars  for 
each  alley. 

Third — Bill  posters  shall  pay  a license  fee  for  one  year  of 
twenty-five  dollars.  [Amended  December  20,  1897. 

Fourth — Billiard,  bagatelle,  pool,  pin-pool,  pigeon-hole,  and 
like  table  keepers  or  proprietors,  shall  pay  ten  dollars  for  each 
table:  Provided , that  for  pool  and  pigeon-hole  tables,  where 

no  money  or  other  valuable  thing  is  charged  or  received  for 
playing  thereon,  they  shall  pay  five  dollars  for  each  table. 

Fifth — Brokers  and  money  changers  shall  pay  one  hundred 
dollars. 

Sixth— Brokers  of  real  estate  shall  pay  twenty-five  dollars. 

Seventh — Brewers  and  distillers  shall  each  pay  one  hundred 
dollars. 

Eighth — Local  agents  for  the  sale  of  the  goods  or  produce  of 
foreign  brewers  or  distillers  shall  each  pay  one  hundred  dollars. 

Ninth — Draymen  and  owners  or  drivers  of  job,  express,  trans- 
fer or  transportation  wagons,  for  hire,  shall  pay  five  dollars 
for  each  vehicle. 

Tenth — Exhibitors  of  natural  or  artificial  curiosities,  not 
herein  otherwise  provided  for,  shall  pay  for  license  at  the  rate  of 
one  dollar  per  day. 

Eleventh — Hackmen,  and  owners  and  drivers  of  hackney 
coaches  and  omnibuses  shall  pay  five  dollars  for  each  and  every 
vehicle : Provided , that  the  owners  and  drivers  who  are  not 

residents  of  the  city  shall  pay  twenty-five  dollars  for  each 
vehicle.  [As  amended  April  21,  1896. 

, Twelfth — There  shall  be  taxed  and  collected  of  and  from 
persons  engaged  in  or  carrying  on  the  business  or  occupation 
of  hawking  or  peddling  (except  farmers  or  gardeners  selling  the 
produce  of  their  farms  or  gardens)  the  sum  of  twenty-five  dol- 
lars per  year,  or  at  that  rate  for  any  part  of  a year  not  less  than 
one  month  (except  that  license  to  peddle  fruits  and  vegetables 
shall  not  be  issued  for  less  than  one  year)  : Provided,  this  shall 


494 


GENERAL  ORDINANCES  OF  CITY. 


not  apply  to  farmers  and  gardeners  selling  the  products  of  their 
own  farms  or  gardens.  No  license  under  this  ordinance  shall 
be  assigned  or  transferred. 

Thirteenth — Horse  or  street  railway  companies  shall  pay 
$2.50  for  each  car  operated  and  run,  or  proposed  to  be  operated 
and  run,  by  every  such  company  or  corporation,  their  agents  or 
assigns,  for  the  conveyance  of  passengers  upon  any  horse  or 
street  railroad  line  within  said  city  during  the  year. 

Fourteenth — All  corporations,  companies  and  associations  not 
incorporated  under  the  laws  of  the  State  of  Illinois,  and  which 
are  engaged  in  the  city  of  Springfield  in  effecting  fire  insur- 
ance, shall  pay  to  the  city  treasurer  for  the  maintenance,  and 
use  and  benefit,  of  the  Springfield  city  fire  department,  two  per 
cent  of  the  gross  receipts  received  by  their  agency  in  this  city. 

Any  person  who  shall  act  in  this  city  as  agent  or  otherwise, 
for  or  on  behalf  of  any  such  corporation,  company  or  associa- 
tion, shall,  on  or  before  the  fifteenth  day  of  July  of  each  and 
every  year,  render  to  the  city  clerk,  a full,  true  and  just  ac- 
count, verified  by  his  oath  of  all  the  premiums  which  during 
the  year  ending  on  every  first  day  of  July  preceding  such  re- 
port, shall  have  been  received  by  him  or  any  other  person  for 
him,  in  behalf  of  any  such  corporation,  company  or  associa- 
tion, and  shall  specify  in  said  reports  the  amounts  received  for 
fire  insurance.  Such  agents  shall  also  pay  to  the  city  treas- 
urer, at  the  time  of  rendering  the  aforesaid  report,  the  amounts 
for  which  the  corporations,  companies  or  associations  repre- 
sented by  them  are  severally  chargeable  by  virtue  of  this  ordi- 
nance, and  any  person,  company  or  corporation  violating  any 
of  the  provisions  of  this  ordinance,  or  failing  to  comply  with  the 
requirements  of  the  same,  shall  be  subject  to  a penalty  of  not 
lesss  than  twenty-five  dollars  nor  more  than  two  hundred  dol- 
lars, and  to  a like  penalty  for  each  day  during  which  such  vio- 
lation or  failure  shall  continue.  [As  amended  September  11, 
1899. 

All  monies  paid  to  the  city  treasurer  by  such  agents,  for  or 
on  behalf  of  such  corporations,  companies  or  associations,  shall 
be  credited  to  the  Springfield  fire  department  fund  and  used 
for  the  maintenance,  use  and  benefit,  of  said  Springfield  city  fire 
department.  [Passed  July  1,  1895. 


LICENSES. 


495 


Fifteenth — Keepers  of  public  scales  shall  pay  twenty-five  dol- 
lars. 

Sixteenth — Keepers  of  lumber  yards  shall  pay  twenty-five 
dollars. 

Seventeenth — Keepers  of  livery  stables  shall  pay  twenty  dol- 
lars. 

Eighteenth — Keepers  or  ordinaries  Or  eating  houses  shall  pay 
ten  dollars. 

Ninteenth — Keepers  of  fruit,  candy  and  pea-nut  stands,  on 
the  sidewalk,  shall  pay  fifty  dollars. 

Twentieth — Keepers  of  shooting  galleries,  or  places  for  tar- 
get shooting  shall  pay  thirty-six  dollars. 

Twenty-first — Keepers  of  second-hand  stores  shall  pay  fifty 
dollars.  [As  amended  January  4,  1886. 

Twenty-second — Keepers  of  junk  shops  shall  pay  thirty  dol- 
lars. 

Twenty-third^- All  traveling  junk  dealers  or  persons  going 
about  the  city  buying  or  trading  for  old  iron,  copper,  brass, 
rags,  or  other  junk,  shall  pay  an  annual  license  fee  of  thirty- 
five  dollars.  Whoever  shall  carry  on  the  business  above  specified 
in  any  form  without  first  obtaining  license  therefor,  shall,  on 
conviction,  be  fined  not  less  than  ten  nor  more  than  fifty  dol- 
lars. [As  passed  March  4,  1889. 

Twenty-fourth — Porters  or  runners  shall  pay  ten  dollars. 

Twenty-fifth — Pawnbrokers  shall  pay  one  hundred  dollars. 
[As  amended  Dec.  8,  1884. 

Twenty-sixth — Retailers  of  liquors,  or  keepers  of  dram-shops 
shall  pay  the  sum  of  five  hundred  dollars  per  annum,  or  at  that 
rate,  for  a license  to  sell  liquors  in  quantities  less  than  one  gal- 
lon: Provided,  that  license  may  be  issued  to  retailers  of  liquors 

or  keepers  of  dram-shops  at  the  rate  aforesaid  for  the  term  of 
six  months,  commencing  on  the  first  day  of  January  and  the 
first  day  of  July  in  each  year.  [As  amended  Dec.  8,  1884. 

Twenty-seventh — Wholesale  dealers  in  liquors  shall  pay  the 
sum  of  fifty  dollars  per  annum  for  a license  to  sell  liquors  in 
quantities  not  less  than  one  gallon. 


496 


GENERAL  ORDINANCES  OF  CITY. 


Twenty-eighth — Vendors  of  fresh  meats  and  sausages  of  all 
kinds,  except  poultry,  fish  or  venison  or  wild  game,  shall  pay 
a license  fee  of  twenty-five  dollars  per  annum  for  each  meat 
shop  or  place  where  such  sausages  or  meats  are  sold,  under  a 
penalty  of  not  less  than  five  dollars  nor  more  than  two  hun- 
dred dollars,  for  each  and  every  offense.  [Passed  December  17, 
1900. 

Twenty-ninth — Vendors  or  peddlers  of  milk,  from  wagons, 
shall  pay  five  dollars  for  each  vehicle.  [See  Sec.  — . 

Thirtieth — Proprietors  or  managers  of  circular  swings,  merry- 
go-rounds,  flying  dutchmen,  or  other  similar  device  not  other- 
wise provided  for,  shall  pay  for  license  at  the  rates  following: 
Five  dollars  for  the  first  day  and  fifty  cents  for  each  day  there- 
after. [Passed  July  9,  1889. 

Thirty-first — Proprietors  or  keepers  of  roller  skating  rinks  or 
skating  halls  shall  pay  a license  fee  of  fifty  dollars  per  year. 
[Passed  January  4,  1886. 

550.  License  fees — wdien  due  and  payable.]  All  license 

fees,  unless  otherwise  provided  by  ordinance,  shall  become  due 
and  payable  on  the  first  day  of  January  in  each  and  every  year, 
or  on  commencing  any  business  or  occupation  upon  which  such 
license  fee  is  imposed  by  ordinance.  In  the  former  case,  the 
license  fee  shall  be  reckoned  for  one  entire  year;  and  in  the 
latter  case  it  shall  be  reckoned  proportionately  from  the  first 
day  of  the  month  in  which  the  liability  to  a license  commenced, 
till  the  first  day  of  January  next  following.  And  for  all  pur- 
poses connected  with  the  issue  and  expiration  of  any  class  or 
kind  of  licenses  required  by  any  ordinance  of  the  city,  it  is 
hereby  provided  that  the  “municipal  year”  of  the  city  of  Spring- 
field  shall  begin  on  the  first  day  of  January  in  each  year,  be- 
ginning January  1st,  1884. 

551.  Penalty  for  violation.]  Whoever  shall  engage  in,  or 
carry  on,  any  business,  occupation  or  pursuit,  required  to  be 
licensed  under  the  provisions  of  this  article,  or  by  any  ordi- 
nance of  the  city,  without  having  obtained  such  license,  shall, 
where  no  other  penalty  is  provided,  be  subject  to  a fine  of  not 
less  than  five  dollars  nor  more  than  two  hundred  dollars,  and 
to  a like  further  fine  for  each  day,  after  the  first  conviction, 


LICENSES. 


497 


that  he  shall  continue  any  such  business  or  occupation  without 
being  licensed. 

552.  Theatres,  shows  and  amusements.]  For  the  purpose 
of  providing  for  the  licensing  and  taxing  of  theatricals,  shows, 
amusements  and  all  public  exhibitions  for  gain  in  a just  and 
equitable  manner,  the  same  are  hereby  divided  into  four  classes 
which  shall  be  known  as  the  first,  second,  third  and  fourth,  as 
follows : 

First — All  entertainments  of  a dramatic  or  operatic  character, 
including  lectures,  public  readings  and  recitations,  and  exhibi- 
tions of  paintings  and  statuary,  shall  belong  to  and  be  known 
as  entertainments  of  the  first  class. 

Second — Concerts  or  other  musical  entertainments,  pano- 
ramas, performances  of  any  feats  of  jugglery,  slight  of  hand 
or  necromancy,  and  exhibitions  of  any  natural  or  artificial 
curiosities  shall  belong  to  and  be  known  as  entertainments  of 
the  second  class. 

Third — Circuses,  menageries,  caravans,  side  shows  and  con- 
certs, minstrel* or  musical  entertainments  given  under  a cover- 
ing of  canvas,  exhibitions  of  monsters,  or  freaks  of  nature,  va- 
riety or  minstrel  shows,  athletic,  ball  or  similar  games  of  sport 
and  all  other  exhibitions,  performances  or  entertainments  not 
here  numerated,  given  in  a building  or  hall,  or  under  canvas 
or  other  cover,  or  within  any  enclosure,  shall  belong  to,  and  be 
known  as  entertainments  of  the  third  class. 

Fourth — All  street  shows,  exhibitions  and  devices,  such  as  bird 
shows,  galvanic  batteries,  lifting  machines,  blowing  and  strik- 
ing machines,  and  all  other  exhibitions  and  performances  or 
devices  for  the  trial  of  strength,  given,  performed,  or  had  upon 
or  along  any  of  the  streets  or’  public  grounds  of  the  city  of 
Springfield,  and  all  exhibitions  or  shows  not  included  in  the 
foregoing  classes  shall  belong  to  and  be  known  as  entertain- 
ments or  exhibitions  of  the  fourth  class. 

553.  Must  obtain  license — penalty.]  No  person  or  per- 
sons within  the  limits  of  the  city  shall  give  any  of  the  enter- 
tainments mentioned  in  this  ordinance  for  gain  without  a li- 
cense for  that  purpose,  first  had  and  obtained  from  the  mayor 
under  the  seal  of  the  city,  under  a penalty  of  not  less  than  fifty 


498 


GENERAL  ORDINANCES  OF  CITY. 


dollars  and  not  exceeding  two  hundred  dollars,  for  each  and 
every  violation  of  this  section : Provided,  however,  that  no  li- 

cense charged  for  any  entertainment  of  the  first  and  second 
class  given  exclusively  for  charitable  or  benevolent  purposes  by 
societies  of  citizens  of  said  city  or  by  other  persons  not  engaged 
in  giving  such  entertainments  as  a business. 

554.  License  must  express  for  what  it  is  granted — fees.] 

Each  license  shall  express  for  what  it  is  granted  and  the  time 
it  is  to  continue,  and  the  following  tax  or  license  fee  shall  be 
imposed  upon  each  license  granted,  as  aforesaid,  and  paid  to 
the  city  collector  on  the  granting  of  such  license,  as  follows, 
to-wit : 

First — For  entertainments  of  the  first  class,  ten  dollars  for 
each  performance  or  exhibition. 

Second — For  entertainments  of  the  second  class,  ten  dollars 
for  every  performance  or  exhibition. 

Third — For  entertainments  of  the  third  class,  the  following 
sums : For  each  circus  or  circus  and  menagerie,  one  hundred 

dollars  for  each  day;  for  each  menagerie  fifty  dollars  for  each 
day;  for  each  side  show  without  any  circus  or  menagerie, 
twenty-five  dollars  for  each  and  every  day  of  exhibition ; for  each 
concert,  musical  or  minstrel  entertainment  given  under  a cov- 
ering of  canvas,  ten  dollars  for  each  day:  Provided,  that  for 

all  licenses  issued  under  this  class  where  more  than  fifty  cents 
admission  is  charged  and  where  more  than  twenty-five 
cents  is  charged  for  a reserved  seat  in  such  circus  or  circus  and 
menagerie  or  other  entertainment,  then  the  license  fee  shall 
be  one  thousand  dollars;  and  provided,  further,  that  no  circus, 
or  circus  and  menagerie,  or  entertainment  under  this  class  ex- 
hibiting outside  the  limits  of  the  city  of  Springfield  shall  be 
allowed  to  parade  upon  and  through  the  streets  of  the  city  of 
Springfield  without  first  obtaining  a license  under  this  class. 

Fourth — For  each  variety  or  minstrel  show,  ten  dollars  for 
each  day,  and  exhibitions  of  monsters  or  freaks  of  nature,  and 
all  other  exhibitions,  performances  and  entertainments  not 
heretofore  enumerated,  given  in  a building,  hall  or  under  canvas 
or  other  covering,  or  within  any  enclosure  the  sum  of  twenty 
dollars  for  each  week  or  part  thereof,  but  if  such  exhibition  shall 


LICENSES. 


499 


continue  for  a whole  month  or  more,  then  at  the  rate  of  fifty 
dollars  per  month. 

Fifth — For  shows  or  exhibitions  of  the  fourth  class,  or  any 
entertainments  or  other  exhibition  not  herein  before  otherwise 
designated,  ten  dollars  for  each  and  every  month  or  part  thereof. 

555.  Mayor  to  determine  class.]  The  mayor  shall  deter- 
mine in  every  case,  where  application  for  a license  under  this 
ordinance  is  made,  the  class  to  which  the  entertainment  belongs, 
and  the  person  or  persons  to  whom  the  license  may  be  granted 
shall  pay  the  license  tax  or  fee  herein  fixed  for  such  license. 

556.  Halls  and  theatres — giving  entertainments  of  first 
class.]  The  owner  or  lessee  of  any  hall  or  theatre  in  whicn 
the  entertainments  of  the  first  class  are  given  shall,  on  payment 
of  one  hundred  and  fifty  dollars  to  the  city  collector,  have  the 
occupants  of  his  or  their  hall  or  theatre  exempted  from  license 
for  one  year. 

557.  Giving  entertainments  of  second  class.]  The  owner 
or  lessee  of  any  hall  or  theater,  museum  or  other  building  in 
which  as  a rule  entertainments  of  the  second  class  are  given, 
on  the  payment  of  one  hundred  and  fifty  dollars  to  the  city 
collector,  shall  have  the  occupants  of  his  hall,  theater  or  museum 
or  other  buildings  exempted  from  license  for  one  year. 

558.  Giving  entertainments  of  third  class.]  The  owner 
or  lessee  of  any  hall,  theater,  museum  or  other  building  in  which, 
as  a rule,  variety,  minstrel  or  other  performances  or  exhibi- 
tions of  the  third  class  are  given,  on  the  payment  of  one  hundred 
dollars,  shall  have  the  occupants  of  his  or  their  hall,  theater, 
museum  or  other  building  exempted  from  license  for  one  year. 

559.  Lotteries,  etc.,  not  to  be  held  out  as  inducement  to 
visitors.]  All  licenses  for  entertainments  where  license  is  re- 
quired shall  contain  a promise  that  no  gaming,  raffle,  lottery  or 
chance  distribution  of  money  or  articles  of  value  shall  be  con- 
nected with  or  allowed  by  the  person  obtaining  the  license,  or 
in  any  way  permitted  or  held  out  as  an  inducement  to  visitors. 
When  any  person  or  persons  shall  be  charged  by  a credible  per- 
son with  having  violated  the'  provisions  of  his  or  her  license,  as 
aforesaid,  the  mayor  of  the  city  is  directed  to  give  the  parties 
accused  reasonable  notice  thereof  and  inquire  into  the  truth  of 


500 


GENERAL  ORDINANCES  OF  CITY. 


said  charge.  And  if  the  accusation  be  sustained,  to  his  satis- 
faction, he  may  revoke  the  license  of  any  person  or  persons, 
and  every  such  person  or  persons  so  offending  shall  be  subject 
to  a penalty  of  one  hundred  dollars. 

560.  License  to  be  obtained  before  exhibition.]  It  shall 

be  the  duty  of  every  proprietor  or  lessee  of  any  theater,  hall  or 
other  building,  where  public  entertainments  are  given,  before 
he  permits  any  person  or  persons  to  use  the  same  for  the  pur- 
pose of  giving  any  entertainment  therein  for  gain,  to  obtain 
from  the  mayor  the  license  herein  required  either  in  his  own 
name  or  in  the  name  of  the  person  proposing  to  give  such  en- 
tertainment, under  a penalty  of  fifty  dollars,  for  each  and  every 
violation  of  this  section. 

561.  Doors  of  halls,  etc.,  to  open  out.]  All  persons  own- 
ing, leasing,  managing,  or  having  charge  of  any  church,  theater, 
opera  house,  public  hall  or  place  of  amuseipent  in  the  city  of 
Springfield,  shall  be  required  to  have  all  doors  leading  to  or 
from  the  same  hung  so  as  to  open  out  therefrom. 

562.  Persons  not  to  stand  in  lobby  or  on  sidewalk.]  It 

shall  not  be  lawful  for  any  person  or  persons  to  stand  in  the 
lobby  or  outer  entrance  of  any  licensed  theater,  hall,  or  other 
building,  or  on  the  sidewalk  adjacent  to,  or  within  fifty  feet  of 
such  entrance  after  a request  to  move  on,  made  by  the  owner, 
lessee  or  any  police  officer,  under  a penalty  of  twenty-five  dollars 
for  each  and  every  such  offense. 

563.  Produce  sold  by  railroad  car  lots  to  pay  license — 
penalty.]  No  person  shall  sell  or  offer  for  sale,  barter  or  ex- 
change any  car  load  lot,  or  any  less  quantity  of  fruit,  vegetables 
or  farm  produce,  butter,  cheese,  eggs,  game  or  poultry  con- 
tained in  any  railroad  car,  or  any  railroad  freight  depot,  ware- 
house or  vehicles  within  the  city  of  Springfield,  without  first 
obtaining  license  to  engage  in  such  business,  under  penalty  of 
not  less  than  twenty-five  nor  more  than  one  hundred  dollars  for 
each  offense;  Provided , however , the  provisions  of  this  section 
shall  not  apply  to  any  farmer,  gardener,  fruit  or  vine  grower, 
engaged  in  selling  the  produce  of  his  farm,  garden,  orchard  or 
vineyard,  nor  to  any  local  merchant  having  a storehouse  and 
established  place  of  business. 


LICENSES. 


501 


564.  Itinerant  merchants.]  It  shall  not  be  lawful  for  any 
itinerant  merchant  or  transient  vendor  of  merchandise,  either 
by  himself  or  as  a merchant  or  clerk  for  another,  to  set  up, 
maintain,  or  carry  on,  or  aid  or  assist  in  setting  up,  maintain- 
ing or  carrying  on  within  this  city,  any  temporary  store,  or  es- 
tablishment, or  stand  for  the  sale  of  or  disposition  at  auction 
or  otherwise  of  any  stock  of  goods  or  wares  or  merchandise, 
without  first  having  obtained  a license  for  so  doing,  as  here- 
after provided. 

565.  Application  in  writing.]  Any  itinerant  merchant  or 
transient  vendor  of  merchandise  or  other  like  person  wishing 
to  set  up,  maintain  or  carry  on  any  such  temporary  store,  es- 
tablishment or  stand,  shall  make  written  application  therefor 
to  the  mayor,  stating  the  nature  and  amount  of  such  stock  or 
lot  of  goods,  wares  or  merchandise,  the  place  to  be  occupied  by 
him  and  the  time  he  wishes  to  continue  such  store,  establish- 
ment, stand  or  business,  and  upon  the  payment  by  such  person 
into  the  city  treasury  of  the  license  fee  hereinafter  mentioned 
together  with  the  clerk’s  fee  of  one  dollar,  said  clerk  shall  issue 
to  said  person  a license  in  due  form  for  the  time  and  place  men- 
tioned in  said  application,  which  license  shall  be  countersigned 
by  the  mayor. 

566.  License  fees.]  Before  any  person  mentioned  in  sec- 
tions one  and  two  of  this  ordinance  shall  be  entitled  to  a license, 
he  shall  first  pay  a license  fee  of  fifty  dollars  for  the  first  week 
and  twenty-five  dollars  for  each  succeeding  week  that  he  may 
desire  to  engage  in  such  business.  Provided , however , that  no 
license  shall  be  issued  for  less  than  one  nor  more  than  twelve 
weeks  without  renewal. 

567.  Penalty  for  violation.]  Whoever  shall  violate  any  of 
the  provisions  or  requirements  of  this  ordinance,  shall  upon 
conviction,  be  fined  in  the  sum  of  not  less  than  fifty  dollars  nor 
more  than  two  hundred  dollars,  and  shall  be  subject  to  a like 
penalty  for  each  and  every  day  he  shall  continue  such  violation. 

568.  Subject  to  the  ordinances  of  the  city.]  All  persons 
who  may  be  licensed  under  this  ordinance  shall  be  subject  to 
and  be  governed  by  all  general  ordinances  of  said  city  now  in 
force  or  that  may  hereafter  be  passed  and  in  force  in  relation 
to  said  license  or  the  business  connected  therewith. 


502  GENERAL  ORDINANCES  OF  CITY. 

569.  Terms  defined.]  The  terms  itinerant  merchant  and 
transient  vendor  of  merchandise,  as  used  herein,  shall  be  con- 
strued to  mean  any  person  or  persons  not  permanently  transact- 
ing business  within  the  city,  or  whose  stock  in  trade  shall  not 
have  been  legally  assessed  for  taxation  in  the  regular  annual 
assessment  of  other  property  in  said  city  for  State,  county  and 
city  purposes. 

570.  Railroad  ticket  brokers  to  have  license — penalty.] 

Any  person  who  shall  engage  in  the  business  of  railroad  ticket 
broker,  within  the  city  of  Springfield,  without  first  hav- 
ing obtained  a license  therefor,  and  complied  with  the  pro- 
visions of  this  ordinance  as  hereinafter  provided,  shall  upon  con- 
viction, be  fined  in  any  sum  not  less  than  twenty-five  dollars  nor 
more  than  two  hundred  dollars  for  each  offense. 

571.  License — how  obtained — bond.]  Any  person  desir- 
ing to  engage  in  the  business  of  a railroad  ticket  broker  as 
aforesaid,  shall  make  application  in  writing  to  the  mayor  there- 
for, and  shall  execute  and  file  with  the  city  clerk  a bond  to  the 
city  of  Springfield,  in  the  sum  of  five  hundred  dollars,  with 
good  and  safe  sureties,  which  bond  shall  provide  that  every 
ticket  sold  by  such  person  shall  be  good  and  valid  for  the  pur- 
pose for  which  it  is  sold,  and  that  if  not  good,  the  person  sell- 
ing such  ticket  will  refund  to  the  person  purchasing  such  ticket 
the  price  paid  therefor,  together  with  all  damages  which  may 
result  from  the  sale  of  such  void  ticket;  such  person  shall  also, 
before  engaging  in  said  business,  pay  the  sum  of  one  hundred 
dollars  for  a license  therefor,,  which  license  shall  be  good  for 
one  year  from  the  date  of  the  issuing  thereof,  and  no  license 
shall  be  issued  for  a less  period  than  one  year.  No  person  shall 
hawk  and  peddle  railroad  tickets  upon  the  streets  and  side- 
walks of  this  city,  but  all  such  tickets  shall  be  sold  at  regular 
and  established  places  of  business. 

572.  Posts  and  poles — license  for.]  Any  person,  firm  or 
corporation,  owning,  controlling  or  occupying  any  post  or  pole 
over  eight  feet  high,  which  may  occupy  any  portion  of  any 
street,  alley  or  sidewalk  within  the  city  of  Springfield;  said 
pole  or  post  being  used  to  support  electric  or  other  wires  of 
whatsoever  nature,  or  to  support  any  sign  or  awning  or  display 
for  the  purpose  of  advertising,  shall  pay  annually  into  the  city 


LICENSES. 


503 


treasury  the  sum  of  one  dollar  for  each  such  pole  or  post  owned, 
controlled  or  occupied  by  said  person,  firm  or  corporation  as  a 
remuneration  to  the  said  city  for  the  use  of  the  portion  or  por- 
tions of  the  street,  alley  or  sidewalk  which  said  pole  or  post  may 
occupy. 

573.  City  electrician  to  keep  record.]  It  shall  be  the  duty 
of  the  city  electrician  to  keep  a record  of  all  poles  or  posts  here- 
inbefore described,  and  by  whom  said  poles  or  posts  may  be 
owned,  controlled  or  occupied,  and  said  electrician  shall  an- 
nually transmit  to  the  city  comptroller  a statement  showing 
the  number  of  poles  or  posts  owned,  controlled,  or  occupied  by 
each  person,  firm  or  corporation,  together  with  the  total  amount 
due  the  city  by  each  said  person,  firm  or  corporation.  The  said 
comptroller  shall  upon  the  receipt  of  said  statement  proceed 
to  collect  such  amount  due  from  each  said  person,  firm  or  cor- 
poration. 

574.  When  owned  jointly.]  Where  any  pole  or  post  may 
be  owned,  controlled  or  occupied  jointly  by  two  or  more  per- 
sons, firms  or  corporations,  the  full  license  hereinbefore  pro- 
vided may  be  charged  against  either  person,  firm  or  corpora- 
tion owning  or  controlling  or  occupying  the  same. 

575.  License,  when  due.]  The  license  hereinbefore  pro- 
vided shall  be  due  on  the  first  day  of  September  of  each  year. 

576.  Moneys  collected,  how  divided.]  Fifty  per  cent  of 
all  moneys  collected  under  this  ordinance  must  be  converted  into 
the  city  treasury  to  be  used  as  a sinking  fund  and  fifty,  per  cent 
into  the  general  fund. 

577.  Penalty  for  violation.]  Any  person,  firm  or  corpora- 
tion violating  or  refusing  to  comply  with  any  of  the  provisions 
of  this  ordinance  shall  be  subject  to  a penalty  of  not  less  than 
twenty-five  dollars  nor  more  than  two  hundred  dollars  and  for 
like  penalty  for  each  day  during  which  such  violation  shall 
continue. 

578.  Peanut  slot  machines.]  Any  person  or  persons  de- 
siring to  engage  in  the  business  of  peanut  vender  on  the  street 
corners  or  placing  or  keeping  on  the  street  in  front  of  his  or 
their  respective  place  of  business  what  is  known  as  a peanut 
slot  machine  shall  pay  a license  fee  of  fifty  dollars  per  year, 


GENERAL  ORDINANCES  OF  CITY. 


501 


and  it  shall  be  unlawful  for  any  person  or  persons  to  engage 
in  the  occupation  of  peanut  vender  or  to  place  a peanut  slot 
machine  as  above  provided,  without  first  having  paid  said  li- 
cense fee  and  obtaining  a license  therefor : Provided,  however, 

that  said  license  may  be  granted  for  a period  of  thirty  days 
upon  the  payment  of  four  dollars  license  fee,  together  with  a 
clerk’s  fee  of  one  dollar.  Any  person  or  persons  violating  this 
ordinance  shall  be  subject  to  a1  fine  of  not  less  than  five  dollars 
nor  more  than  twenty-five  dollars  for  each  and  every  offense. 

Article  IT. 

APPLICATION  FOR  LICENSE — HOW  ISSUED — PAYMENT — FORM — 
BOND,  WHIjjN  REQUIRED — TRANSFER,  ETC. 

579.  How  issued.]  Any  person  desiring  a license  for  any 
purpose,  under  the  ordinances  of  said  city,  shall  make  a written 
application  therefor  to  the  mayor,  stating  his  name,  the  purpose 
for  which  the  license  is  desired,  for  what  length  of  time,  and 
the  place  where  his  business  or  occupation  is  to  be  carried  on; 
and  when  a bond  is  required  to  be  filed  before  being  licensed, 

' he  shall  name  his  proposed  sureties  on  the  bond  in  his  appli- 
cation. If  the  mayor  shall  grant  the  application,  he  shall 
so  indorse  the  same,  together  with  the  amount  of  the  license 
fee  fixed  by  ordinance  in  the  case.  Upon  the  filing  of  the 
application  so  indorsed  with  the  city  clerk,  and  the  presen- 
tation to  Tiim  of  a receipt  from  the  city  treasurer,  showing  pay- 
ment of  the  sum  so  specified  and  required,  and  upon  filing  the 
proper  bond,  approved  by  the  mayor,  the  city  clerk  shall  issue 
to  the  applicant  a license  for  the  purpose  and  time  therein 
specified. 

580.  Form  of  license.]  Licenses  may  be  issued,  as  nearly 
as  may  be,  in  the  following  form: 

To  all  whom  these  presents  shall  come— Greeting: 

Know  Ye,  That having  made  application  in  due  form  [filed  bond], 

paid  into  the  city  treasury  the  sum  of dollars,  and  in  all  other  respects  com- 
plied with  the  ordinances  of  the  city  in  this  behalf,  therefore,  I mayor 

of  the  city  of  Springfield,  for  and  on  behalf  of  the  people  of  said  city,  do  hereby 

authorize,  empower  and  license  the  said [Here  set  forth  the  business  or 

purpose  of  the  license,]  at for from 

Nevertheless,  this  license  is  granted  upon  this  express  condition,  that  if  the 

said shall  observe  and  obey  all  ordinances  of  said  city  which  now 

are,  or  may  be  in  force,  regulating  or  relating  to  his  said  business,  then  this  license 


LICENSES. 


505 


shall  be  valid  for  the  period  aforesaid,  otherwise  it  may  be  annulled,  revoked  or 
forfeited,  at  the  option  of  the  mayor  and  city  council,  or  in  any  other  manner  pro- 
vided by  ordinance. 

In  testimony  whereof,  I have  hereunto  set  my  hand,  and  caused  the  corporate 
seal  of  said  city  to  be  affixed,  at  the  mayor’s  office  in  said  city  of  Springfield, 

this day  of A.  D.  19 

? Mayor. 

Attest: City  Clerk. 

Countersigned  and  registered : 

City  Comptroller. 

581.  Bond.]  Bonds  shall  be  required  of  applicants  for 

licenses  in  the  cases  and  to  the  amounts  following,  to-wit: 
Auctioneers  shall  give  bond  to  the  city  of  Springfield,  as  pro- 
vided in  section  818;  pawnbrokers  in  the  sum  of  one  thousand 
dollars;  second-hand  and  junk  dealers  in  the  sum  of  five  hundred 
dollars  each;  scavengers  in  the  sum  of  five  hundred  dollars; 
draymen,  hackmen,  omnibus  drivers,  porters  and  runners,  in 
the  sum  of  three  hundred  dollars  each ; wholesale  liquor  dealers, 
brewers  and  distillers,  in  the  sum  of  one  thousand  dollars  each; 
retailers  of  liquors  or  keepers  of  dram  shops  in  the  sum  of  one 
thousand  dollars  to  the  city,  and  the  further  sum  of  three 
thousand  dollars  payable  to  the  People  of  the  State  of  Illinois. 

582.  Approval  of  bond  by  mayor.]  All  such  bonds  shall 
be  signed  by  at  least  two  good  and  sufficient  sureties,  to  be  ap- 
proved by  the  mayor  or  city  council,  and  be  conditioned  for 
the  due  observance  of  all  ordinances  of  said  city  regulating  or 
relating  to  any  such  business  or  occupation,  which  now  are  or 
may  be  in  force  during  the  period  of  any  such  license.  Said 
bonds  shall  be  filed  with  the  city  clerk,  and  may  be  sued  upon, 
at  any  time,  in  the  name  of  the  city,  for  the  use  of  any  person 
injured  or  damaged  by  a breach  of  the  conditions  thereof. 

583.  If  the  mayor  declines  to  issue.]  The  mayor  shall 
receive  all  applications  for  licenses,  and  may  grant  the  same  in 
all  cases  upon  the  terms  and  conditions  specified  by  ordinance. 
But  if,  in  any  case,  he  shall  decline  to  grant  an  application  for 
license  for  any  purpose,  or  for  the  transfer  of  a license,  he  shall 
communicate  such  application  to  the  city  council  at  the  next 
ensuing  regular  or  adjourned  meeting  thereof,  for  its  action 
thereon. 

584.  No  longer  term  than  one  year.]  No  license  shall  be 
granted  for  a longer  term  than  on,e  year,  and  all  licenses,  unless 
otherwise  provided  by  ordinance,  shall  expire  on  the  last  day 


—18 


GENERAL  ORDINANCES  OF  CITY. 


,r)0(j 


of  December  next  following  their  issue.  Every  license  shall 
be  signed  by  the  mayor,  attested  by  the  city  clerk  under  the 
corporate  seal,  and  countersigned  and  registered  by  the  city 
comptroller;  and  no  license  shall  be  valid  until  signed  and 
countersigned  as  aforesaid,  nor  shall  any  person  be  deemed  to 
be  licensed  until  the  same  shall  have  been  issued  to  him  in  due 
form. 

585.  Not  transferable  without  consent — authorized  for  one 
location  only.]  No  license  shall  be  assignable  or  transferable, 
nor  shall  any  person  be  authorized  to  do  business  or  act  under 
such  license  but  the  person  to  whom  it  is  granted,  or  at  any 
other  place  than  that  specified  therein,  without  the  consent  of 
the  mayor  or  city  council,  to  be  certified  thereon  by  the  city 
clerk ; nor  shall  any  license  authorize  any  person  to  act  under 
it  at  more  than  one  place  at  the  same  time,  or  at  any  other  time 
than  is  therein  specified.  Whoever  shall  violate  any  provision 
of  this  section  shall  be  deemed  to  be  acting  without  license,  and 
shall  be  subject  to  the  same  penalty  as  is  prescribed  for  persons 
doing  business  without  license. 

586.  May  assign  by  consent  of  mayor.]  Any  person  or 
persons  to  whom  a license  is  issued  under  any  ordinance  of  the 
city  council,  may,  with  the  permission  of  the  mayor  indorsed 
in  writing  thereon,  and  attested  by  the  city  clerk,  assign  and 
transfer  such  license  to  any  other  person  or  persons;  and  the 
person  or  persons  to  whom  such  license  is  issued,  or  the  assignee 
of  such  license,  may,  with  like  permission  of  the  mayor,  sur- 
render such  license,  and  have  a new  license  issued  for  the  un- 
expired term  of  the  old  one,  authorizing  the  person  or  persons 
so  surrendering  such  license  to  carry  on  the  same  business  or 
occupation  at  such  place  as  may  be  named  in  the  new  license: 
Provided , that  in  all  such  cases  the  assignee,  or  the  party  apply- 
ing for  such  new  license,  shall  give  bond  with  sureties,  which 
shall  conform,  as  nearly  as  may  be,  to  the  bond  upon  which 
such  assigned  or  surrendered  license  was  issued. 

587.  Comptroller  to  keep  record.]  All  licenses,  when 
issued,  shall  be  presented  to  the  city  comptroller,  who  shall, 
without  charge,  enter  in  a book,  to  be  kept  in  his  office  for  that 
purpose,  the  name  of  each  person  or  firm  licensed,  the  number 


LICENSES. 


507 


and  date  of  the  license,  the  amount  paid  therefor,  and  time 
of  the  expiration  of  the  same. 

588.  Subject  to  all  ordinances — mayor  may  revoke.]  All 

licenses  shall  be  subject  to  the  ordinances  which  may  be  in 
force  at  the  time  of  the  issuing  thereof,  or  which  may  be  subse- 
quently passed' by  the  city  council;  and  if  any  person  so  licensed 
shall  violate  any  of  the  provisions  of  any  ordinance  regulating 
or  relating  to  his  business,  he  shall  be  liable  to  be  proceeded 
against  for  any  fine  or  penalty  imposed  thereby,  and  his  license 
may  be  revoked  in  the  discretion  of  the  mayor,  after  written 
notice  given;  such  revocation  to  be  reported  to  the  city  council, 
and  be  subject  to  their  approval. 

589.  To  be  kept  posted  up  in  place  of  business.]  Every 
person  to  whom  any  license  may  be  issued,  under  any  ordinance 
of  said  city,  shall  forthwith  place  and  keep  the  same  conspicu- 
ously posted  in  his  office  or  place  of  business;  and  any  person 
failing  or  neglecting  to  so  place  and  keep  his  license,  shall  incur 
a penalty  of  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars. 

590.  In  case  of  death.]  In  case  of  the  death  of  any  person 
licensed  under  any  ordinance  of  said  city,  before  the  time 
limited  in  his  license  shall  have  expired,  his  co-partner  (if  he 
has  any),  or  his  legal  representative,  may  continue  to  act  under 
such  license  for  the  unexpired  term  thereof,  subject,  however, 
to  the  conditions  imposed  upon  the  person  to  whom  the  same 
was  originally  issued. 

591.  City  clerk  to  keep  register.]  The  city  clerk  shall 
keep  a license  register,  in  which  he  shall  enter  the  name  of  each 
person  licensed,  for  what  business  or  purpose  licensed,  the 
place  of  his  business,  date  of  the  license,  number  of  the  same, 
the  amount  paid  for  each,  and  the  time  of  the  expiration 
thereof.  He  shall,  on  the  first  Monday  in  each  month,  report 
to  the  city  council,  in  writing,  the  number  of  licenses  issued 
during  the  preceding  month,  to  whom  issued,  the  amount  of  the 
same,  and  the  location  of  the  persons  licensed;  and  he  shall 
annually,  at  the  close  of  each  fiscal  year,  make  out  and  submit 
to  the  city  council  a full  and  complete  abstract  of  all  licenses 
issued  during  the  preceding  fiscal  year,  with  the  amounts  taxed 
and  collected  for  the  same. 


GENERAL  ORDINANCES  OF  CITY. 


508 

592.  Clerk  to  notify  when  expired.]  It  shall  be  the  duty 

of  the  city  clerk,  by  notice  in  writing,  to  notify  all  persons 
whose  licenses  have  expired,  or  who,  by  any  ordinance  of  the 
city  council,  are  required  to  procure  a license  for  their  business, 
trade  or  occupation,  and  are  acting  without  license.  Such 
notice  si  mil  be  given  by  the  clerk  immediately  upon  the  expira- 
tion of  any  license,  or  as  soon  as  the  fact  that  any  person  is 
acting  without  license  shall  come  to  his  knowledge.  The  notice 
shall  be  served  by  the  license  collector,  superintendent  of  police, 
or  any  police  officer  of  the  city,  and  may  be  left  at  the  residence 
or  place  of  business  of  the  person  notified. 

593.  Not  delivered  until  fees  paid.]  No  license  shall  be 
delivered  to  any  person  applying  therefor  until  all  fees  due  from 
him  thereon  are  paid ; and  no  person  shall  be  considered  as 
licensed,  although  his  license  may  have  issued,  until  such  pay- 
ment and  the  actual  delivery  of  the  same. 

594.  Police  to  enforce.]  The  license  collector  and  mem- 
bers of  the  police  force  shall  enforce  all  ordinances  of  said  city 
in  relation  to  licenses;  and  it  is  hereby  made  the  duty  of  the 
superintendent  of  police  and  license  collector  to  examine,  from 
time  to  time,  the  register  of  the  city  clerk,  and  to  report  and 
prosecute  all  persons  liable  thereto,  who  may  be  acting  or  doing 
business  without  license. 

595.  License  collector  and  inspector.]  There  shall  at 
once  be  established  in  the  city  of  Springfield  the  office  of  license 
collector  and  inspector. 

596.  Mayor  to  appoint — term  of  office.]  The  mayor  with 
the  advice  and  consent  of  the  city  council  may  upon  the  pas- 
sage of  this  ordinance  appoint  a license  collector  and  inspector 
who  shall  hold  his  office  until  the  first  Monday  in  May,  1898, 
and  until  his  successor  is  appointed  and  qualified,  and  the 
mayor  may  with  the  advice  and  consent  of  the  city  council  an- 
nually hereafter  on  the  first  Monday  in  May  each  year,  ap- 
point such  officer  for  one  year  and  until  his  successor  is  appointed 
and  qualified. 

597.  Bond.]  The  license  inspector  and  collector  shall  give 
bond  in  the  sum  of  one  thousand  dollars  conditioned  for  the 
faithful  performance  of  his  duties. 


LICENSES. 


509 


598.  Duties.]  It  shall  be  the  duty  of  the  license  collector 
and  inspector  to  use  his  best  endeavors  to  see  that  all  persons  in 
the  city  or  who  may  come  to  the  city  who  are  carrying  on  any 
business,  occupation  or  trade,  for  which  a license  is,  or  may 
be  required  under  the  ordinances  of  the  city,  procures  a license, 
and  it  shall  be  his  duty  to  institute  proceedings  against  any 
person  violating  license  ordinances.  Said  license  collector  and 
inspector  shall  have  police  power  as  a regular  police  patrol- 
man, under  the  ordinances  of  the  city  and  law  of  the  State. 
Said  license  collector  and  inspector  shall  be  under  the  direction 
of  the  chief  of  police,  and  shall  be  placed  upon  the  pay  roll 
of  the  regular  police  force,  and  receive  the  same  compensation 
as  a regular  patrolman.  [Passed  January  3,  1898. 


510 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  XVIII. 

LIQUORS  AND  LIQUOR  SELLERS. 

Article  I.  Retailers  of  Liquor. 

II.  Saloon  District. 

III.  Wholesale  Dealers  in  Liquors. 

IV.  Permits  to  Pharmacists  for  Sale  of  Liquors. 

Article  I. 

RETAILERS  OF  LIQUORS. 

599.  Retailing  of  liquor  without  license  prohibited — 
pharmacists.]  Any  person  who  shall  by  himself,  his  agent, 
clerk  or  servant  sell,  barter,  exchange,  give  away,  or  in  any 
manner  deal  in  or  dispose  of  any  intoxicating  malt,  vinous, 
mixed  or  fermented  liquors,  in  quantities  less  than  one  gallon, 
within  the  corporate  limits  of  the  city  of  Springfield,  without 
having  first  obtained  a license  therefor  as  hereinafter  provided, 
shall,  upon  conviction,  be  fined  not  less  than  ten  dollars  nor 
more  than  two  hundred  dollars  for  each  and  every  offense: 
Provided , that  registered  pharmacists  or  druggists,  selling  liquors 
in  quantities  less  than  one  gallon,  for  purposes  strictly  medici- 
nal, mechanical,  chemical  and  sacramental,  under  permits  duly 
issued  by  the  city,  shall  not  be  deemed  within  the  meaning  of 
this  section. 

600.  License — how  obtained — bond.]  Any  person  desiring 
a license  to  sell  liquors  by  retail,  as  aforesaid,  shall  make  ap- 
plication in  writing  to  the  mayor  therefor,  and  produce  evi- 
dence to  satisfy  him  «that  the  applicant  is  a person  of  good  moral 
character,  and  shall  execute  and  file  with  the  city  clerk  a bond 
to  the  city  of  Springfield  in  the  penal  sum  of  one  thousand 
dollars,  with  at  least  two  good  sureties,  to  be  approved  by  the 
mayor,  conditioned  for  the  faithful  observance  of  all  ordinances 
of  the  city  council  now  in  force,  or  which  may  be  passed  and  in 
force  during  the  period  of  such  license,  regulating  or  relating  to 


RETAILERS  OF  LIQUORS. 


511 


the  sale  of  intoxicating  liquors ; and  he  shall  also  give  bond  as 
provided  in  section  five  (5),  of  chapter  forty- three  (43),  of  the 
Revised  Statutes  of  Illinois,  of  1874,  entitled  “Dram  Shops.” 
Upon  such  applicant  complying  with  the  above  requirements, 
and  upon  his  paying  in  advance  into  the  city  treasury  the  sum 
of  five  hundred  dollars,  or  at  that  rate  per  annum,  he  shall  be 
entitled  to  receive  a license  in  due  form  for  the  purpose  afore- 
said. 

601.  Mayor  may  revoke.]  Any  license  so  issued  may  be 
revoked  by  the  mayor,  upon  written  notice  given,  whenever  it 
shall  appear  to  his  satisfaction  that  the  person  licensed  has 
violated  any  of  the  provisions  of  this  article,  or  any  ordinance 
of  said  city  regulating  or  relating  to  retailers  of  liquors,  or  any 
condition  of  the  bonds  aforesaid;  such  revocation  to  be  subject 
to  the  approval  of  the  city  council. 

602.  License  shall  be  posted  up  in  place  of  business — 
penalty.]  Every  person  licensed  to  sell  liquors  under  the  pro- 
visions of  this  article,  or  under  any  ordinance  of  the  city,  shall, 
immediately  on  receiving  such  license,  place  and  keep  the  same 
conspicuously  posted  in  his  office  or  place  of  business;  and  any 
person  so  licensed  who  shall  fail,  neglect  or  refuse  to  so  place 
and  keep  his  license,  or  who,  not  being  licensed,  shall  post  or 
cause  or  permit  to  be  and  remain  posted  any  paper  or  document 
purporting  to  be  a license,  shall  in  either  case  incur  a penalty 
of  not  less  than  three  dollars  nor  more  than  fifty  dollars. 

603.  Minors  shall  not  be  employed — to  whom  liquor  shall 
not  be  sold,  etc.]  No  person  licensed  to  sell  liquor  by  retail, 
as  hereinbefore  provided,  shall  employ  any  minor  as  a clerk, 
bartender  or  servant  in  or  about  his  saloon  or  place  of  busi- 
ness, nor  shall  in  any  way  sell,  deliver  or  give  away  any  intox- 
icating, malt,  vinous,  mixed  or  fermented  liquors  to  any  idiot, 
insane  or  intoxicated  person,  or  to  any  minor  without  the  writ- 
ten order  of  his  parent,  guardian  or  family  physician;  nor 
shall  harbor,  entice  or  permit  any  minor,  idiot,  insane  or  in- 
toxicated person  to  loiter  or  remain  in  or  about  his  place  of 
business,  under  a penalty  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  offense. 


512 


GENERAL  ORDINANCES  OF  CITY. 


604.  Loitering  around  saloon  forbidden  after  notice  is 
given.]  No  minor  nor  any  habitual  drunkard  or  intoxicated 
person  shall  loiter  or  remain  in  or  around  any  saloon,  dram 
shop,  grocery,  or  other  place  within  said  city  where  intoxicating 
or  malt  liquors  are  sold  or  kept  for  sale,  after  being  notified 
by  the  proprietor  or  keeper  thereof,  or  by  any  policeman,  to  quit 
the  same,  under  a penalty  in  each  case  of  not  less  than  three 
dollars  nor  exceeding  twenty-five  dollars. 

605.  Drinking  not  permitted  to  excess  or  drunkenness.] 

No  licensed  keeper  of  any  saloon,  dram  shop,  or  other  place 
where  liquors  are  sold,  within  the  city,  shall,  by  himself,  his 
agent,  clerk  or  bartender,  suffer  or  permit  any  person  to  drink 
to  excess  or  drunkenness  in  his  place  of  business,  or  in  any 
place  adjacent  thereto  subject  to  his  control,  under  a penalty 
of  not  less  than  three  dollars  nor  more  than  twenty-five  dollars 
for  each  offense. 

606.  When  wife,  etc.,  shall  notify.]  Whenever  the  wife, 
parent  or  other  relative  of  any  habitual  drunkard,  or  person 
habitually  addicted  to  the  use  of  intoxicating  drink,  shall,  by 
notice  in  writing,  notify  and  request  any  liquor  dealer  or  seller 
in  said  city  not  to  sell  or  give  away  any  liquors  to  such 
habitual  drunkard,  it  shall  thereafter  be  unlawful  for  any  such 
liquor  dealer  or  seller  to  sell  or  give  away  any  liquor  to  such 
person.  And  whoever  shall  violate  the  provisions  of  this  sec- 
tion shall,  for  every  such  offense,  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars. 

607.  Loud  or  boisterous  talking  prohibited.]  No  person 
licensed  under  the  provisions  of  this  article,  or  any  ordinance 
of  said  city,  to  retail  liquors,  shall  suffer  or  permit  any  loud 
or  boisterous  talking,  or  any  obscene  or  profane  language, 
quarreling,  fighting,  or  other  disturbance  in  or  about  his  place 
of  business,  to  the  annoyance  of  persons  passing  any  street  or 
public  way  in  the  vicinity  thereof,  or  to  the  disturbance  of  the 
peace  and  quiet  of  persons  residing  or  doing  business  in  the 
neighborhood  thereof,  under  a penalty  of  not  less  than  five  dol- 
lars nor  more  than  twenty-five  dollars  in  each  case. 

608.  Instrumental  music  prohibited.  No  instrumental 

music  of  any  kind  shall  be  played  or  produced  in  any  saloon 


RETAILERS  OF  LIQUORS. 


513 


in  this  city.  Any  person  violating  the  provisions  of  this_  sec- 
tion shall  be  subject  to  a fine  of  not  less  than  ten  dollars  for 
each  offense.  [Passed  March  2,  1891. 

609.  Keepers  of  saloons  may  make  arrest.  Any  saloon- 
keeper, or  retailer  of  liquors,  licensed  as  aforesaid,  shall  have 
authority  and  is  hereby  authorized  to  arrest  any  person  making 
a disturbance,  or  being  guilty  of  any  disorderly  conduct,  in 
his  saloon  or  place  of  business,  and  to  take  such  person  before 
any  police  magistrate  or  justice  of  the  peace  of  the  city,  or 
deliver  him  into  the  custody  of  any  police  officer,  to  be  dealt 
with  according  to  law. 

610.  No  gaming  for  money  allowed.]  No  person  licensed 
to  retail  liquors,  under  the  provisions  of  this  article,  or  under 
any  ordinance  of  the.  city  council,  shall,  by  himself,  his  agent, 
clerk  or  bartender,  allow  or  permit  any  gaming  in  any  way 
for  money,  or  other  valuable  thing,  to  be  carried  on  in  any 
part  of  his  place  of  business,  or  in  any  room  or  place  adjacent 
thereto  within  his  control,  under  a penalty  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

611.  Disorderly  house — penalty  for  keeping.]  Every 
saloon,  dram-shop,  grocery  or  other  place,  within  said  city,  where 
intoxicating,  malt,  vinous,  mixed  or  fermented  liquors  are  sold, 
or  kept  for  sale,  and  in  which  minors  are  allowed  to  drink  in- 
toxicating drinks,  or  play  with  cards,  dice,  balls,  or  other  articles 
used  in  gaming,  is  hereby  declared  to  be  a disorderly  house; 
and  every  proprietor  or  keeper  of  such  dram-shop,  saloon  or 
grocery  where  such  drinking  or  playing  shall  take  place,  shall, 
for  the  first  offense  of  keeping  such  disorderly  house,  be  subject 
to  a fine  of  twenty-five  dollars,  and  on  conviction  for  the  second 
offeilse,  he  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars,  and  his  license  shall  be  there- 
upon revoked. 

612.  Prisoners  in  custody  shall  not  be  supplied  with  liquor.] 

Any  liquor  dealer  or  other  person  who  shall  supply,  or  attempt 
to  supply,  any  person ' in  the  custody  of  a police  officer  of  the 
city,  or  any  person  committed  to  the  city  prison  and  work  house, 
while  held  in  confinement  there,  with  any  intoxicating  liquor, 


GENERAL  ORDINANCES  OE  CITY. 


5 14 


except  upon  the  written  prescription  of  some  respectable  physi- 
cian, shall,  in  either  case,  be  liable  to  a fine  of  not  less  than  five 
dollars  nor  more  than  twenty  dollars. 

613.  Opening  and  closing  of  saloons.]  No  retailer  of 

liquors,  or  keeper  of  any  dram-shop  or  drinking  saloon,  licensed 
under  the  provisions  of  this  article,  or  under  any  ordinance  of 
said  city,  shall  keep  open,  or  permit  to  be  kept  open,  his  place 
of  business  in  the  night-time,  between  the  hours  of  twelve  o’clock 
midnight  and  five  o’clock  A.  M.,  nor  shall  permit  any  person 
not  employed  at  his  place  of  business  or  connected  therewith  to 
remain  therein  between  said  hours,  under  a penalty  of  not  less 
than  five  dollars  nor  more  than  fifty  dollars  for  each  offense*. 

614.  Shall  be  closed  on  all  election  days.]  No  retailer 

of  liquors,  or  keeper  of  any  dram-shop  or  drinking  saloon  afore- 
said, shall,  on  any  general  or  special  election  day,  or  day  on 
which  any  city,  town,  county  or  State  election  is  held  within 
said  city,  keep  open,  or  permit  to  be  kept  open,  his  place  of 
business ; nor  shall,  on  such  day,  sell  or  give  away  any  intoxicat- 
ing, malt,  vinous,  mixed  or  fermented  liquor  whatever,  or  per- 
mit any  such  liquors  to  be  used  or  drank  in  his  place  of  business, 
or  in  any  room  or  place  adjacent  thereto  subject  to  his  control, 
under  a penalty  of  not  less  than  twenty-five  dollars  nor  more 
than  fifty  dollars  for  each  offense:  Provided , that  nothing  in 

this  section  contained  shall  be  held  to  apply  to  the  keeping  open 
of  any  saloon  or  dram-shop  on  any  election  day  after  the  polls 
shall  have  been  closed. 

615.  Copy  of  this  article  to  be  posted  in  saloon.]  Every 

person  licensed  to  retail  liquors,  or  keep  a saloon  or  dram-shop, 
under  the  provisions  hereof,  shall  procure  a printed  copy  of  this  * 
article,  and  place  and  keep  the  same  conspicuously  posted  in 
his  office  or  place  of  business,  under  a penalty  of  one  dollar  for 
each  and  every  day  that  he  shall  fail  to  do  so  after  being  notified 
thereto,  in  writing,  by  the  city  clerk  or  superintendent  of  police. 

616.  Saloon  defined.]  Any  room  or  place  where,  for  any 
consideration,  directly  or  indirectly  paid  or  received,  any  in- 
toxicating, malt,  vinous,  mixed  or  fermented  liquors  are  retailed 
by  less  quantity  than  one  gallon,  except  in  the  case  of  druggists 
or  pharmacists  aforesaid,  is  hereby  declared  to  be  a saloon  or 
dram-shop. 


SALOON  DISTRICT. 


515 


617.  Police  to  enforce.]  It  shall  be  the  duty  of  the  several 
members  of  the  police  force  to  enforce  the  provisions  of  this 
article,  and  to  prosecute  all  violations  of  the  same. 

Article  IT. 

SALOON  DISTRICT. 

618.  Boundaries.]  All  that  portion  of  the  city  of  Spring- 

field,  embraced  within  the  following  boundaries,  to-wit:  Be- 

ginning at  the  center  line  of  Mason  street,  at  Second  street, 
and  running  east  on  the  center  line  of  Mason  street  to  and  in- 
cluding Tenth  street ; thence  south  on  Tenth  street  to  the  center 
line  of  Capitol  avenue ; thence  west  on  the  center  line  of  Capitol 
avenue  to  the  center  line  of  Second  street;  thence  north  on  the 
center  line  of  Second  street  to  the  place  of  beginning,  be  and 
the  same  is  hereby  designated  as  the  “saloon  district.” 

619.  Location  of  saloons  to  be  approved  by  mayor.]  The 

location  of  all  saloons  and  the  granting  of  licenses  of  said 
saloons  in  the  above  district  is  hereby  vested  in  and  with  the 
approval  of  the  mayor  as  according  to  ordinance  now  in  force. 

620.  License  not  to  issue  for  saloon  outside,  if  petition 

against.]  Whenever  the  location  of  a saloon  is  desired  in  the 
city  of  Springfield,  outside  of  the  proposed  saloon  district  ap- 
plication for  said  license  shall  be  made  out  in  the  usual  way 
as  heretofore  and  according  to  the  ordinance  now  governing 
same : Provided , that  no  license  shall  be  issued  outside  the  dis- 

trict named  and  designated  by  this  ordinance  to  any  person  or 
persons  applying  for  same,  if  a petition  against  granting  the 
said  license  shall  be  presented  to  the  mayor,  signed  by  a ma- 
jority of  the  property  owners  within  three  hundred  and  twenty 
feet  each  way  from  the  location  of  said  proposed  saloon. 

621.  Application  and  petition  to  be  referred  to  council.] 
Said  application  and  petition  must  be  referred  to  the  city  coun- 
cil for  its  action,  and  the  granting  of  said  license  shall  be  de- 
termined by  a majority,  vote  of  all  the  members  elected  to  said 
city  council  by  an  aye  and  a nay  vote. 

622.  Fee  for  application.]  The  fee  for  said  application 
shall  be  one  dollar  and  shall  be  paid  to  the  city  clerk  before  ap- 
plication is  made  out. 


516  GENERAL  ORDINANCES  OF  CITY. 

Article  III. 

WHOLESALE  DEALERS  IN  LIQUORS. 

623.  Wholesale  dealer  must  obtain  license.]  No  person 

shall,  within  the  city  of  Springfield,  by  himself,  his  agent, 
clerk  or  servant,  sell,  barter,  exchange  or  deliver  any  intoxi- 
cating, malt,  vinous,  mixed  or  fermented  liquors,  in  quantities 
exceeding  one  gallon,  without  a license  from  the  city  for  such 
purpose;  nor  shall  any  person  engage  in  or  carry  on  the  busi- 
ness of  brewing  ale  or  beer,  or  the  business  of  distilling  liquors, 
without  obtaining  a license  therefor,  in  the  manner  provided 
by  ordinance,  under  a penalty,  in  each  case,  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

624.  Bond.]  Any  person  desiring  to  take  out  a license  for 
any  of  the  purposes  mentioned  in  the  last  preceding  section 
hereof,  shall  make  application,  in  writing,  to  the  mayor,  and 
upon  giving  a bond  to  the  city  of  Springfield  in  the  penal  sum 
of  one  thousand  dollars,  with  at  least  two  good  sureties,  to  be 
approved  by  the  mayor,  conditioned  for  the  due  observance  of 
all  ordinances  of  said  city  regulating  or  relating  to  his  busi- 
ness, which  are  or  may  be  in  force  during  the  period  of  such 
license,  and  upon  paying  into  the  city  treasury  the  license  fee 
prescribed  by  ordinance  therefor,  such  applicant  shall  be  en- 
titled to  receive  a license  in  due  form. 

625.  Liquors  drank  as  a beverage  in  wholesale  house  pro- 
hibited.] No  person  who  may  be  licensed  under  the  provisions 
of  this  article,  or  any  ordinance  of  said  city,  to  sell  liquors  by 
wholesale,  or  in  quantities  over  one  gallon,  shall,  by  himself,  his 
agent,  clerk  or  servant,  sell  or  give  away  to  any  person  any 
intoxicating,  malt,  vinous,  mixed  or  fermented  liquor,  to  be  used 
or  drank  as  a beverage  in  his  store  or  place  of  business,  or  in 
any  place  adjacent  thereto  within  his  control,  under,  a penalty 
of  not  less  than  five  dollars  nor  more  than  one  hundred  dollars 
for  each  effense. 

Article  IV. 

PERMITS  TO  PHARMACISTS  FOR  SALE  OF  LIQUORS — HOW  GRANTED. 

626.  Permits  to  pharmacists  granted.]  No  pharmacist  or 

druggist  shall,  within  the  city  of  Springfield,  by  himself,  his 


PERMITS  TO  PHARMACISTS  FOR  SALE  OF  LIQUORS. 


517 


clerk,  agent  or  servant,  sell,  barter,  exchange,  or  give  away,  any 
intoxicating,  malt,  vinous,  mixed  or  fermented  liquor  whatever, 
without  first  obtaining  a permit  for  such  purpose,  in  the  man- 
ner hereinafter  provided,  under  a penalty  of  not  less  than  ten 
dollars  nor  more  than  two  hundred  dollars  for  each  and  every 
offense. 

627.  Application  for  permit.]  Upon  application  therefor, 
in  writing,  addressed  to  the  mayor,  and  upon  payment  into  the 
city  treasury  of  the  sum  of  twenty-five  dollars,  or  at  that  rate 
per  annum,  and  on  the  execution  and  filing  with  the  city  clerk 
of  a bond,  as  provided  in  section  five  (5)  of  chapter  forty- three 
(43)  of  the  Eevised  Statutes  of  Illinois,  of  1874,  by  any  regis- 
tered pharmacist  or  druggist,  doing  business  within  said  city, 
the  mayor  shall  be  authorized  to  grant  to  such  applicant  a per- 
mit to  sell  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors, 
in  quantities  less  than  one  gallon,- but  for  medicinal,  mechanical, 
chemical  and  sacramental  purposes  only. 

628.  By  whom  permit  issued.]  Said  permit  shall  be  issued 
and  attested  by  the  city  clerk,  under  the  corporate  seal,  and  be 
signed  by  the  mayor,  and  shall  state  to  whom  it  is  issued,  for  what 
time  issued,  where  the  business  is  to  be  carried  on,  and  that 
it  only  authorizes 'the  holder  to  sell  liquors  for  medicinal,  me- 
chanical, chemical  and  sacramental  purposes,  and  that  it  is 
subject  to  all  ordinances  of  the  city  council  in  force  at  the  time 
of  the  issuance  thereof,  or  which  may  be  passed  and  in  force 
during  the  period  of  such  permit,  in  relation  to  intoxicating 
liquors. 

629.  Not  longer  than  one  year.]  No  permit  granted  under 
the  provisions  of  this  article  shall  be  for  a longer  term  than  one 
year,  and  all  such  permits  shall  expire  on  the  last  day  of  Decem- 
ber in  each  year,  after  their  issuance. 

630.  Not  to  be  drank  in  place  of  business.]  No  pharma- 
cist or  druggist  shall,  by  virtue-  of  such  permit,  or  otherwise, 
sell  or  give  away,  any  intoxicating,  malt,  vinous,  mixed  or  fer- 
mented liquor,  to  be  used  or  drank  in  his  place  of  business, 
or  in  any  room  or  place  adjacent  thereto,  under  his  control,  nor 
for  any  other  purpose  except  the  purposes  authorized  by  this  ar- 
ticle; and  every  pharmacist  or  druggist  who  shall,  by  himself, 


GENERAL  ORDINANCES  OE  CITY. 


518 

his  clerk,  agent  or  servant,  violate  any  provision  of  this  sec- 
tion, shall,  upon  conviction,  be  fined  not  less  than  twenty  dol- 
lars nor  more  than  one  hundred  dollars  for  each  offense. 

631.  Permits  may  be  revoked  by  mayor.]  Any  permit 

issued  under  the  provisions  of  this  article  may  be  revoked  by 
the  mayor,  at  any  time,  upon  written  notice  given,  whenever 
it  shall  appear  to  his  satisfaction  that  the  person  holding  such 
permit  has  violated  any  provision  hereof,  or  any  condition  of 
his  bond  aforesaid ; but  such  revocation  shall  be  subject  to  the  ap- 
proval of  the  city  council. 


OFFENSES  AFFECTING  THE  PUBLIC  PEACE. 


519 


CHAPTER  XIX. 

MISDEMEANORS. 

Article  I.  Offenses  Affecting  the  Public  Peace  and  Quiet. 

II.  Offenses  Against  Public  Morals  and  Decency. 

III.  Offenses  Affecting  the  Public  Safety  and  Convenience. 

IV.  Street  Parades. 

V.  Offenses  Concerning  Public  and  Private  Property. 

VI.  Offenses  Relating  to  Sunday. 

VII.  Offenses  Relating  to  Vagrants  and  Paupers. 

* 

Article  I. 

OFFENSES  AFFECTING  THE  PUBLIC  PEACE  AND  QUIET. 

632.  Assault — assault  and  battery.  ] Whoever  shall  com- 
mit an  assault,  or  an  assault  and  battery, . upon  the  person  of 
another,  or  shall  be  guilty  of  an  affray,  within  the  limits  of  the 
city  of  Springfield,  shall,  upon  conviction,  be  fined  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars. 

633.  Disturbing  the  peace.]  Whoever  shall  disturb  the 
peace  of  the  city,  or  the  quiet  of  any  private  family  or  person 
therein,  by  loud  or  unusual  noises,  or  by  violent  and  tumultuous 
carriage,  or  by  shouting,  cursing,  quarreling,  challenging  to 
fight  or  fighting,  or  any  other  disorderly  conduct,  shall,  upon 
conviction,  be  fined  not  less  than  three  dollars  nor  more  than 
fifty  dollars. 

634.  Challenge  to  fight — profane,  obscene  language.]  If 

any  person  shall,  within  said  city,  challenge  another  to  fight, 
or  shall  threaten  or  traduce  another,  or  shall  use  any  profane, 
obscene,  or  offensive  language,  or  indulge  in  any  conduct,  toward 
another  tending  to  provoke  a disturbance  or  breach  of  the. peace, 
the  person  so  offending  shall,  upon  conviction,  be  fined  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 

635.  Assemblies  for  unlawful  purposes.]  Any  two  or  more 
persons  who  shall,  within  the  city,  assemble  together  for  any 


GENERAL  ORDINANCES  OF  CITY. 


520 


unlawful  purpose,  or  who,  being  assembled,  shall  act  in  concert 
to  do  an  unlawful  act,  with  force  and  violence,  against  the  prop- 
erty of  the  city,  or  the  person  or  property  of  another,  or  against 
the  peace  or  to  the  terror  of  citizens  or  other  persons,  or  who 
shall  make  any  movement  or  preparation  therefor,  shall  be 
severally  subject  to  a fine  of  not  less  than  three  dollars  nor  more 
than  fifty  dollars,  and  to  a further  fine  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars,  upon  refusal  to  disperse  after 
being  requested  to  do  so  by  any  police  or  other  city  officer. 

636.  Owners  of  premises  shall  not  knowingly  permit  un- 
lawful assemblies.]  Whoever  shall,  knowingly,  suffer  or  permit 
any  assemblage  for  the  purpose  of  committing  any  unlawful 
act  or  breach  of  the  peace,  or  any  riotous,  offensive  or  disorderly 
conduct,  in  or  upon  premises  owned  or  occupied  by  him,  or 
under  his  control,  within  said  city,  shall,  on  conviction,  be  fined 
not  less  than  five  dollars  nor  more  than  fifty  dollars. 

637.  Disturbing  religious  worship.]  Whoever  shall,  in  said 

city,  interrupt  or  disturb  any  congregation  or  assembly  met 
for  the  purpose  of  religious  worship,  or  for  any  lawful  pur- 
pose, by  making  any  loud  or  unusual  noise,  or  by  rude  or  inde- 
cent behavior,  or  by  profane,  obscene  or  improper  discourse  or 
conduct,  shall,  on  conviction,  be  fined  not  less  than  five  dollars 
nor  more  than  fifty  dollars. 

638.  Funeral  procession.  ] Whoever  shall  willfully  interrupt 

or  disturb  any  funeral  procession  or  assembly,  shall,  on  convic- 
tion, be  fined  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

639.  Conducting  in  a riotous  manner.]  Any  person  who 
shall  conduct  himself  in  a riotous  or  disorderly  manner,  or  dis- 
turb the  peace  at  any  show  or  exhibition,  theater  or  other  place 
of  amusement,  or  at  any  election  poll,  in  said  city,  shall,  on  con- 
viction, be  fined  not  less  than  three  dollars  nor  more  than  fifty 
dollars  for  each  offense. 

640.  Throwing  of  stones,  etc.,  in  public  places.]  No  boy 

or  other  person  shall  purposely  or  heedlessly  cast  or  throw  any 
stone,  brickbat,  clod  or  other  missile  from  or  into  any  public 
place,  or  at  any  house  or  person,  within  the  city,  under  a penalty, 
in  each  case,  of  not  less  than  one  dollar  nor  exceeding  five  dollars. 


OFFENSES  AGAINST  MORALS  AND  DECENCY. 


521 


641.  Climbing  on  vehicles  while  in  motion.]  No  boy  or 

other  person  shall  climb  upon  or  into  any  wagon,  carriage, 
sleigh  or  other  vehicle,  while  the  same  may  be  in  motion,  or  attach 
his  sled  or  cart  to  any  such  vehicle,  without  the  consent  of 
the  driver  thereof,  or  shall  otherwise  willfully  molest  or  annoy 
any  person  in  said  city,  under  a penalty  of  not  less  than  one 
dollar  nor  exceeding  five  dollars  in  each  case. 

642.  Disturbing  a lawful  assemblage  in  the  night.]  Any 

two  or  more  boys  who  shall,  in  the  night  time,  be  disturbing 
any  lawful  assemblage,  or  making  any  loud  or  unusual  noises, 
to  the  annoyance  or  disturbance  of  citizens;  or  who  shall  be 
found  loitering  or  strolling  about  the  street  corners,  or  in  the 
vicinity  of  any  hotel,  theatre,  railroad  depot,  or  other  public 
place,  and  refuse  to  disperse  and  go  to  their  respective  homes, 
when  requested  to  do  so  by  any  member  of  the  police  force,  or 
by  any  person  annoyed  thereby,  shall,  upon  conviction,  be  sever- 
ally fined  not  less  than  one  dollar  nor  exceeding  ten  dollars. 

643.  Carrying  concealed  or  dangerous  weapons.]  Whoever 

shall,  within  said  city,  wear  or  carry  concealed  about  his  per- 
son any  pistol,  revolver,  slung-shot,  metallic  knuckles,  bowie 
knife,  dirk,  razor,  or  other  dangerous  or  deadly  weapon;  or  who- 
ever shall  display  or  flourish  any  such  weapon  in  a boisterous  or 
threatening  manner,  shall,  on  conviction,  be  fined  not  exceed- 
ing twenty-five  dollars  foil  each  offense:  Provided , that  the 

provisions  of  this  section  shall  not  be  held  to  apply  to  any  po- 
liceman, constable,  or  other  peace  officer,  while  in  the  discharge 
of  his  duty,  nor  to  any  person  summoned  by  any  such  officer  to 
aid  him  in  making  an  arrest  or  preserving  the  peace. 

Article  II. 

OFFENSES  AGAINST  PUBLIC  MORALS  AND  DECENCY. 

644.  Drunkenness.]  Whoever  shall  be  in  a state  of  intoxica- 
tion or  drunkenness  in  any  public  place,  or  place  open  to  pub- 
lic view,  within  the  city  of  Springfield  ; or  in  any  private  house 
or  place,  to  the  annoyance  of  any  person,  shall,  upon  convic- 
tion, be  fined  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars. 


GENERAL  ORDINANCES  OF  CITY. 


522 

645.  Language  and  conduct.]  Whoever  shall  use  any  pro- 
fane or  obscene  language  in  any  public  place  in  said  city,  Loud 
enough  to  be  overheard  by  persons  passing  thereby,  and  when 
any  woman  may  be  sufficiently  near  to  hear  the  same;  or  shall 
be  guilty  of  any  disorderly  conduct  or  behavior,  shall,  in  either 
case,  be  subject  to  a fine  of  not  less  than  three  dollars  nor  more 
than  twenty-five  dollars. 

646.  Indecent  exposure  of  person — dress,  etc.]  Whoever 

shall,  in  said  city,  make  any  indecent  exposure  of  his  or  her  per- 
son, or  shall  appear  in  any  public  place,  or  place  exposed  to  the 
public  view,  in  a dress  not  belonging  to  his  or  her  sex,  or  in  an 
indecent  or  lewd  dress,  or  in  a state  of  nudity,  or  shall  be  guilty 
of  any  other  indecent  or  lewd  act,  shall,  upon  conviction,  be 
fined  not  less  than  five  dollars  nor  more  than  fifty  dollars  for 
each  offense. 

647.  Drawing  pictures,  etc. — exhibiting  stallion,  bull,  etc.] 

Whoever  shall,  in  any  public  place,  or  place  open  to  the  public  • 
view,  within  the  city,  write  or  draw,  cut  or  make,  any  lewd  or 
indecent  word,  sentence,  design  Or  figure;  or  whoever  shall  in- 
decently exhibit  any  stallion,  bull,  jackass,  or  other  animal, 
except  in  ah  inclosed  place  out  of  public  view,  shall,  in  either 
case,  be  subject  to  a fine  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars. 

648.  Obscene  publications — implements  for  immoral  use.] 

Any  person  who  shall  bring  or  cause  to  b$  brought  into  said 
city,  for  the  purpose  of  sale  or  exhibition,  or  shall  keep,  sell, 
offer  or  expose  for  sale,  any  obscene  or  indecent  publication, 
book,  pamphlet,  paper,  print,  picture,  illustration,  model,  cast, 
instrument  or  article  of  indecent  or  immoral  use,  or  shall  ad- 
vertise the  same  for  sale  or  exhibition,  shall,  on  conviction,  be 
fined  not  less  than  ten  dollars  nor  more  than  two  hundred  dol- 
lars for  each  offense. 

649.  Lewd  plays  or  performances.]  Whoever  shall  exhibit 

or  perform,  or  assist  in  exhibiting  or  performing,  in  said  city, 
any  obscene,  indecent  or  lewd  play,  or  other  such  representation, 
or  shall  knowingly  permit  the  same  to  be  exhibited  or  performed 
in  any  building  or  hall  owned  or  controlled  by  him,  shall,  in 
each  case,  be  subject  to  a fine  of  not  less  than  twenty  dollars 
nor  more  than  two  hundred  dollars. 


OFFENSES  AGAINST  MORALS  AND  DECENCY. 


523 


650.  Fighting  dogs,  cocks  or  other  animals.]  Any  person 
who  shall,  within  the  city,  keep  or  use,  or  be  in  any  way  con- 
nected with  the  management  of  any  place  kept  or  used,  for  the 
purpose  of  fighting  or  baiting  any  dog,  cock  or  other  animal, 
or  who  shall  permit  such  place  to  be  kept  or  used  on  premises 
owned,  rented  or  controlled  by  him,  or  who  shall  frequent  or 
be  found  therein,  shall,  on  conviction,  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  in  each  case* 

651.  Gambling  house  or  rooms.]  Whoever  shall,  within 
the  city  of  Springfield,  set  up,  keep,  maintain  or  support  any 
gambling  house  or  room,  or  place  used  for  the  practice  of  gam- 
ing or  playing  for  money  or  property,  or  shall  knowingly  per- 
mit any  building  or  premises  owned  or  controlled  by  him  to  be 
used  for  any  such  purpose ; or  whoever  shall  keep  or  use,  or  per- 
mit to  be  used,  in  any  building  or  place  occupied,  controlled 
or  owned,  by  such  person,  any  keno  or  faro  table,  wheel  of  for- 
tune, roulette,  shuffle  board,  cards,  or  other  instrument  or  de- 
vice, commonly  used  for  the  purpose  of  gaming,  shall,  upon  con- 
viction, be  fined  not  less  than  twenty-five  dollars  nor  more  than 
two  hundred  dollars  for  each  offense. 

652.  Inmates  of  gaming  house.]  Whoever  shall  be  an  in- 
mate of  any  gaming  house  or  room,  within  said  city,  or  shall 
be  in  any  way  connected  therewith,  or  shall  frequent  or  visit 
the  same,  or  be  found  therein ; or  whoever  shall,  within  the  city, 
play  for  any  money  or  other  valuable  thing  at  any  game  with 
cards,  dice,  billiards,  or  any  other  instrument  or  device  what- 
soever; or  whoever  shall  bet  on  any  such  game  when  played  by 
others,  shall,  on  conviction,  be  fined  hot  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

653.  Games,  etc.,  in  public  streets  or  places.]  No  person 
shall  set  up  or  expose  in  any  of  the  streets,  avenues  or  other  public 
places,  within  the  limits  of1  the  city,  any  table  or  device  of  any 
kind,  upon  or  by  which  any  game  of  chance  or  hazard  can  be 
played,  or  shall  play  at  or  upon  any  such  table  or  device,  under 
a penalty  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

654.  Lottery  prohibited.]  Whoever  shall,  within  said  city, 
s.et  up,  run  or  maintain  any  lottery,  or  shall  sell  or  dispose  of 


GENERAL  ORDINANCES  OF  CITY. 


524 

for  gain  any  ticket,  chance  or  share  in  any  lottery,  or  shall 
sell  or  attempt  to  dispose  of  any  article  of  property  dependent 
upon  any  chance,  by  dice,  lot,  numbers,  or  other  fraudulent  de- 
vice, or  sliall  promote  or  be  in  any  way  connected  with  any  such 
lottery  or  game  of  chance;  or  whoever  shall  knowingly  permit 
any  such  lottery,  business  or  enterprise,  to  be  carried  on  in  any 
building  or  premises  owned  or  controlled  by  him,  shall,  on  con- 
viction, be  fined  not  less  than  twenty  dollars  nor  more  than  two 
hundred  dollars  for  each  offense. 

655.  Selling  articles  dependent  upon  chance  or  hazard.] 

Each  and  every  sale  or  purchase,  wherein  any  part  of  the  ar- 
ticles or  things  received  or  to  be  received,  either  as  to  quantity  or 
value,  shall  in  any  manner  depend  upon  any  chance  or  hazard, 
whether  by  means  of  checks,  cards,  envelopes,  numbers,  dice, 
or  by  any  means  whatever,  is  hereby  declared  to  be  gaming  with- 
in the  meaning  of  the  provisions  hereof,  and  as  such  to  be  un- 
lawful. Any  person  so  selling  or  disposing  of  any  article  or 
thing  of  value,  within  said  city,  shall  be  liable  to  a fine  of  twenty- 
five  dollars  for  each  offense. 

656.  House  of  ill-fame  or  assignation.]  Whoever  shall, 
within  the  city  of  Springfield,  or  within  three  miles  of  the 
outer  boundaries  thereof,  keep  or  maintain,  directly  or  indi- 
rectly, any  bawdy  or  disorderly  house,  house  of  ill-fame,  or  of 
assignation,  or  place  for  the  practice  of  fornication  or  adultery, 
shall,  upon  conviction,  be  fined  in  any  sum  not  less  than  twenty- 
five  dollars  nor  more  than  two  hundred  dollars,  for  each  offense, 
and  be  subject  to  a like  further  fine  for  every  forty-eight  hours 
after  the  first  conviction,  that  such  house  shall  be  continued  or 
maintained. 

657.  Owner  shall  not  permit  premises  to  be  used  for  house 
of  ill-fame,  etc.]  Whoever  shall,  within  said  city,  or  within 
three  miles  of  the  limits  thereof,  knowingly  lease,  let  or  per- 
mit any  building  or  premises,  owned  by  him  or  under  his  con- 
trol, to  be  used  in  whole  or  in  part  as  a house  of  ill-fame,  or 
house  of  assignation,  or  place  for  the  practice  of  fornication  or 
adultery,  shall  be  subject  to  a fine  of  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  dollars,  and  to  a further 
fine  of  twenty-five  dollars  for  every  forty-eight  hours  after  the 
first  conviction  that  he  shall  continue  to  violate  this  section. 


OFFENSES  affecting  fublic  safety. 


525 


658.  Inmates  of  bawdy  houses,  etc.]  Whoever  shall  be  an 
inmate  or  occupant  of,  or  shall  frequent  or  be  found  in  any 
bawdy  house,  house  of  ill-fame,  or  of  assignation,  or  place  used 
for  the  practice  of  fornication  or  adultery,  within  said  city,  or 
within  three  miles  of  the  limits . thereof,  shall,  on  conviction, 
be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  for  each  offense. 

659.  Enticing  females  to  enter  prohibited.]  Whoever  shall, 
within  said : city,  entice,  influence  or  persuade  any  female  to 
enter  or  frequent  any  bawdy  house,  house  of  ill-fame,  or  of  as- 
signatipn,  or  place  used  for  the  practice  of  fornication  or  adul- 
tery; or  whoever  shall  induce  any  minor  to  enter  or  frequent, 
or  shall  allow  or  permit  any  minor  to  remain  in  any  such  house 
or  place,  shall,  for  each  offense,  be  subject  to  a fine  of  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars. 

660.  Facts  shall  be  sufficiently  proven.]  In  any  action  or 
suit  arising  under  the  four  last  preceding  sections  of  this  article, 
the  fact  that  any  house  is  a house  of  ill-fame,  or  of  assigna- 
tion, or  that  any  place  is  used  for  the  practice  of  fornication  or 
adultery,  shall  be  sufficiently  proven  or  established  by  evidence 
that  such  is  the  general  reputation  of  the  same-. 

661.  No  person  shall  criminate  him  or  herself.]  No  person 
shall  be  subject  to  any  fine  or  penalty  for  or  on  account  of  any 
testimony,  which  he  or  she  may  give  as  a witness  for  the  city 
in  any  police  or  other  court,  concerning  his  or  her  being  an  in- 
mate or  occupant  of,  or  being  found  in  any  bawdy  house,  house 
of  ill-fame,  or  in  any  gaming  house. 

Article  III. 

OFFENSES  AFFECTING  THE  PUBLIC  SAFETY  AND  CONVENIENCE. 

662.  Speed  of  riding  or  driving  in  streets,  etc.]  No  person 
shall  ride  or  drive  any  horse,  mule  or  other  animal,  in  or  through 

'any  street  or  avenue  or  alley  of  the  city  of  Springfield,  with 
greater  speed  than  at  the  rate  of  six  miles  an  hour;  nor  shall, 
in  turning  the  corner  of  any  street,  avenue  or  alley  in  the  city, 
ride  or  drive  any  such  animal  with  greater  speed  than  at  the 
rate  of  four  miles  an  hour;  nor  shall  willfully  or  heedlessly 
ride  or  drive  any  such  animal  so  that  the  same,  or  any  vehicle 


GENERAL  ORDINANCES  OF  CITY. 


520 

attached  thereto,  shall  come  into  collision  with  any  other  ani- 
mal or  vehicle,  or  strike  against  any  person,  under  a penalty, 
in  each  and  every  case,  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars. 

663.  Leaving  teams  unhitched.]  Whoever  shall  leave  any 

horse  or  mule,  or  any  team  attached  to  any  vehicle,  in  any  street, 
alley  or  other  uninclosed  place,  within  said  city,  without  the 
same  being  securely  fastened  or  guarded,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars. 

664.  All  persons  meeting,  turn  to  the  right.]  In  all  cases 

of  persons  driving  or  meeting  each  other  in  vehicles,  in  any 
street  or  thoroughfare  of  the  city,  each  person  so  meeting  shall 
turn  his  vehicle  to  the  right  of  the  center  of  the  street,  so  that 
each  may  pass  without  interference  with  or  accident  to  the 
other;  and  every  person  violating  or  failing  to  comply  with  the 
requirements  of  this  section,  shall  incur  a penalty  of  not  less 
than  two  dollars  nor  more  than  twenty-five  dollars. 

665.  Playing  ball  and  flying  kites  prohibited.]  No  person 

shall  play  at  ball,  or  raise  or  fly  any  kite,  in  any  part  of  said 
city  devoted  to  business  purposes,  under  a penalty  of  not  less 
than  one  dollar  nor  more  than  twenty  dollars  for  each  offense. 

666.  Games,  exhibits,  etc.,  on  streets  and  sidewalks,  pro- 
hibited.] No  person  shall  engage  in  any  game,  sport  or  amuse- 
ment, or  exhibit  any  animal  or  machine,  or  do  anything  else  in 
the  streets  or  upon  the  sidewalks  of  the  city,  which  will  have 
a tendency  to  frighten  horses  or  interfere  with  teams  and  ve- 
hicles or  persons  passing  along  the  streets  or  sidewalks,  under 
a penalty  of  not  less  than  one  dollar  nor  more  than  twenty  dol- 
lars for  each  offense. 

667.  Climbing  on  railroad  cars,  or  street  cars  while  in  motion 
prohibited — employes  may  arrest.]  It  shall  be  unlawful  for 
any  boy  or  other  person  to  play  upon  or  about  any  railroad 
track,  depot,  locomotive  or  car  within  said  city;  or  to  climb 
upon  or  jump  from  any  car  or  train  of  cars,  or  from  one  car 
to  another,  or  to  climb  or  jump  upon  any  street  car,  while  the 
same  may  be  in  motion;  and  every  boy  or  other  person  violat- 
ing any  provision  of  this  section,  shall,  upon  conviction,  be  fined 


STREET  PARADES. 


527 


not  less  than  two  dollars  nor  more  than  ten  dollars  for  each  of- 
fense. It  is  hereby  made  the  duty  of  the  several  members  of 
the  police  force  to  vigorously  enforce  the  provisions  of  this  sec- 
tion, and  all  railroad  employes  shall  be  empowered  to  arrest 
all  persons  found  violating  the  same. 

668.  Turning  water  from  hydrant  on  a person.]  Whoever 
shall  willfully  turn  a stream  of  water  from  any  fire-hose  or 
hydrant  upon  any  person,  or  upon  any  private  premises,  on  the 
occasion  of  any  exhibition  or  tournament,  or  otherwise,  shall 
be  liable  to  a fine  of  not  less  than  three  dollars  nor  more  than 
twenty  dollars. 

669.  Public  buildings — doors  to  open  outward.]  All  public 
buildings  in  process  of  erection  at  the  time  of  taking  effect  of 
this  ordinance,  or ’hereafter  to  be  erected  or  constructed  in  said 
city,  which  may  or  shall  be  used  for  churches,  school  houses, 
opera-houses,  theatres,  lecture  rooms,  town  halls,  hotels,  or  for 
any  purpose  whereby  a collection  of  people  may  be  assembled 
together  for  religious  worship,  amusement,  instruction,  or 
otherwise,  shall  be  so  built  and  constructed  that  all  doors  lead- 
ing from  the  main  hall  or  audience  room,  where  said  collection 
of  people  may  be  assembled,  or  from  the  principal  room  which 
may  be  used  for  any  of  the  purposes  aforesaid,  shall  be  so  swung 
upon  their  hinges  as  to  open  outward,  and  that  all  means  of 
egress  for  the  public  from  the  main  hall  or  principal  room,  and 
from  the  building,  shall  be  by  means  of  doors  which  shall  open 
outward  therefrom.  Any  owner,  agen.t  or  trustee  of  any  such 
building,  who  shall  fail  or  refuse  to  comply  with  the  require- 
ments of  this  section,  shall,  on  conviction,  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  two  hundred  dollars. 

Article  IV. 

STREET  PARADES. 

670.  Parades — permits  may  be  granted.]  It  shall  be  unlaw- 
ful for  any  society,  band,,  circus,  theatrical  organization,  or 
collection  of  persons,  to  parade  or  march  in,  upon  or  along  the 
streets  or  sidewalks  of  the  city  at  any  time  of  the  day  or  night, 
without  first  obtaining  from  the  mayor  of  the  city,  or,  in  case 
of  his  absence  from  the  city,  from  the  acting  mayor,  or  super- 


528 


GENERAL  ORDINANCES  OF  CITY. 


intendent  of  streets,  a permit  in  writing  for  the  same,  which 
permit  shall  designate  in  and  upon  what  streets  the  parade  may 
pass,  and  the  nature  and  character  of  the  procession  and  the 
music  to  be  used  in  the  same. 

671.  Permit  may  be  refused.]  The  official  to  whom  applica- 
tion is  made  shall  have  power  to  issue,  or  refuse  to  issue  such 
permit,  as  he  may  deem  for  the  best  interests  of  the  city. 

672.  Penalty  for  violation.]  Each  and  every  person  being 

in  any  procession  or  parade,  for  which  no  permit  has  been 
given,  shall  be  fined,  on  conviction,  not  less  than  five  nor  more 
than  fifty  dollars:  Provided , this  ordinance  shall  not  apply 

to  funeral  processions.  [Passed  June  11,  1889. 

Article  V. 

OFFENSES  CONCERNING  PUBLIC  AND  PRIVATE  PROPERTY. 

673.  Malicious  or  negligent  destruction  of  property.]  Who- 
ever shall  willfully,  maliciously  or  negligently  break,  deface, 
injure  or  destroy  any  property  of  the  State,  county  or  city,  or 
any  private  propertjr,  shall  be  subject  to  a fine  of  not  less  than 
five  dollars  nor  exceeding  one  hundred  dollars,  and  shall  also 
be  liable  for  the  costs  of  repairing  the  injuries  committed,  which 
may  be  recovered  by  a separate  suit. 

674.  Defacing  or  injuring  trees,  fences,  gates,  etc.]  Any 

person  who  shall,  within  said  city,  cut,  injure,  remove  or  destroy 
any  fruit,  ornamental  or  shade  tree,  or  the  boxing  around  the 
same,  or  any  fence,  railing,  gate,  post  or  sign,  upon  any  public 
ground,  sidewalk  or  private  premises  ; or  who  shall  enter  any 
private  premises  against  the  consent  of  the  owner  or  occupant 
thereof,  or*  shall  trespass  upon  any  private  premises  or  public 
grounds,  or  injure,  take  away  or  destroy  any  tree,  shrub,  fruit, 
plant,  vegetable,  or  other  thing  which  may  be  therein  for  orna- 
ment or  utility,  shall,  on  conviction,  be  fined  not  less  than  three 
dollars  nor  more  than  fifty  dollars  for  each  and  every  such 
offense. 

675.  Throwing  of  stones  or  other  missiles.]  ~No  boy  or 

other  person  shall  purposely  or  heedlessly  cast  or  throw  any 
stone,  brick  or  other  missile  from  or  into  any  street  or  other 


OFFENSES  CONCERNING  PROPERTY. 


529 


public  place,  or  at,  against,  or  into  any  building,  shade  tree  or 
other  property,  or  shall  climb  upon  or  walk  upon  the  top  or 
capping  of  any  fence  or  railing,  or  into  any  shade  or  ornamental 
tree  upon  any  sidewalk  or  elsewhere,  without  the  consent  of  the 
owner  or  occupant  thereof,  or  shall  in  any  wise  injure  or  deface 
any  building,  fence,  gate  or  shade  tree,  or  shall  meddle  with  or 
injure  any  public  well,  cistern,  hydrant  or  pump,  within  said 
city,  under  a penalty,  in  each  case,  of  not  less  than  two  dollars 
nor  more  than  ten  dollars. 

676.  Posting  of  bills  on  buildings,  walls,  etc.]  Whoever 
shall,  without  the  consent  of  the  owner  or  occupant  of  the 
premises,  post  up,  stick  or  place  any  hand-bill,  show-bill,  placard 
or  notice  upon  any  building,  wall,  fence  or  tree-box;  or  shall 
mark,  scratch,  cut  or  otherwise  deface  any  part  of  any  building, 
fence,  or  tree-box,  shall,  in  either  case,  be  subject  to  a penalty 
of  not  less  than  three  dollars  nor  more  than  ten  dollars. 

677.  Breaking  or  defacing  street  lamps,  telegraph  poles  or 
wire,  etc.]  Any  person  who  shall  willfully,  maliciously  or 
negligently  break,  deface,  injure  or  destroy  any  public  street 
lamp  or  lamp-post,  telegraph  post  or  telegraph  wire,  within 
the  city,  shall  be  subject  to  a penalty  of  not  less  than  five  dol- 
lars nor  more  than  fifty  dollars  for  each  offense,  and  shall  also 
be  liable  for  the  cost  and  expense  of  repairing  the  injuries  com- 
mitted, to  be  recovered  by  a separate  suit  in  the  name  of  the  city. 

678.  Climbing  or  hitching  horses  to  lamp-posts.]  Whoever 
shall,  in  said,  city,  climb  upon  any  street-lamp  post,  or  shall 
fasten  any  horse  or  other  animal  thereto,  or  shall  hang  or  place 
upon  or  against  the  same  any  goods,  boxes,  fuel  or  other 
material,  shall,  for  each  offense,  be  subject  to  a fine  of  not  less 
than  two  dollars  nor  more  than  ten  dollars. 

679.  Breaking,  defacing  or  removing  lids  of  service-boxes  for 
gas.]  Whoever  shall  willfully  or  heedlessly  break,  deface,  in- 
jure, remove  or  carry  away  any  cup  or  service-lid  placed  upon 
any  of  the  service-boxes  of  the  gas-light  company,  within  the 
city,  shall  forfeit  and  pay  a fine  of  not  less  than  three  dollars 
nor  more  than  ten  dollars. 

680.  Horses  or  other  animals  not  to  be  fastened  to  trees, 
fences,  etc.,  without  consent  of  owner.]  Whoever  shall  fasten 


GENERAL  ORDINANCES  OF  CITY. 


530 


any  horse,  mule  or  other  animal  to  any  fence  or  shade-tree,  or 
to  the  boxing  placed  around  any  shade-tree,  upon  or  adjoining 
any  street,  avenue  or  thoroughfare  in  said  city,  without  the  con- 
sent of  the  owner  or  occupant  of  the  adjacent  premises,  shall 
be  subject  to  a fine  of  not  less  than  two  dollars  nor  more  than 
ten  dollars. 

681.  Carriage  stands  to  be  designated  by  ordinance.]  No 

owner  or  driver  of  any  vehicle,  for  hire,  shall  make  a regular 
stand  or  stopping  place  in  front  of  any  building  or  premises 
within  said  city,  except  it  be  in  front  of  his  own  premises,  or  at 
the  public  stand  authorized  and  designated  by  ordinance,  under 
a penalty  of  one  dollar  for  each  day  such  offense  may  be  con- 
tinued. 

682.  Corner  marks  or  stones  shall  not  be  destroyed.]  Any 

person  who  shall  willfully  or  heedlessly  change,  remove  or 
destroy  any  stone,  stake  or  post,  set  or  placed  to  mark  the  cor- 
ner of  any  lot  or  parcel  of  ground,  street  or  alley,  or  to  show 
the  grade  of  any  street,  alley  or  sidewalk  of  the  city,  shall,  on 
conviction,  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars  for  each  offense. 

Article  VI. 

OFFENSES  RELATING  TO  SUNDAY. 

683.  Disturbing  religious  worship  on  Sunday.]  Whoever 
shall,  on  Sunday,  disturb  the  peace,  or  shall  purposely  or  heed- 
lessly interrupt  or  annoy  any  congregation  met  for  religious 
worship,  or  any  lawful  assemblage,  within  the  city  of  Spring- 
field,  shall,  for  each  offense,  be  subject  to  a fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars. 

684.  Games  on  Sunday  prohibited.]  No  boy  or  other  person 
shall,  on  Sunday,  engage  in  or  pursue  any  exercise,  game  or 
sport,  calculated  to  disturb  the  peace  and  quiet  of  any  citizen, 
or  of  any  family,  within  said  city,  under  a penalty  of  not  ex- 
ceeding five  dollars. 

685.  Billiard  halls,  pin  alleys,  ball  grounds,  shall  be  closed 
on  Sunday.]  Whoever  shall,  on  Sunday,  keep  open  any  billiard 
room,  ball  or  pin  alley,  base-ball  grounds,  or  other  such  place 


OFFENSES  RELATING  TO  SUNDAY. 


531 


of  amusement,  within  the  city,  or  shall  suffer  or  permit  persons 
to  assemble  therein  for  the  purpose  of  play  or  amusement,  shall, 
for  each  offense,  be  subject  to  a fine  of  not  less  than  ten  dollars 
nor  more  than  fifty  dollars. 

686.  Labor  or  occupation  on  Sunday  prohibited,  except  as 

provided.]  Whoever  shall,  on  Sunday,  keep  open,  or  permit 
to  be  kept  open,  his  place  of  business,  or  shall  pursue  his  daily 
labor  or  occupation,  within  said  city,  shall,  on  conviction,  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars : Pro- 

vided, that  this  section  shall  not  be  applicable  to  persons  who 
conscientiously  observe  some  other  day  of  the  week  as  the  Sab- 
bath; nor  in  cases  of  necessity  or  of  charity;  nor  to  hotels,  eat- 
ing houses,  drug  stores,  tobacco  stores,  barber  shops,  livery 
stables,  or  street  cars. 

687.  All  dram-shops  and  liquor  saloons  shall  be  closed  on 
Sunday.]  No  retailer  of  liquors,  or  proprietor  or  keeper  of  any 
dram-shop  or  drinking  saloon,  shall,  within  said  city,  keep 
open,  or  permit  to  be  kept  open,  his  place  of  business,  or  any 
part  thereof,  on  Sunday;  nor  shall,  on  that  day,  sell  or  deliver 
any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors,  or 
permit  any  such  liquors  to  be  sold,  used  or  drank  in  his  place 
of  business,  or  in  any  room  or  place  adjacent  thereto,  subject 
to  his  control ; nor  shall,  on  that  day,  allow  or  permit  any  person 
or  persons  to  enter  or  frequent  his  place  of  business,  not  belong- 
ing thereto  or  connected  therewith,  under  a penalty,  in  each 
case,  of  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars;  and  a second  conviction  for  a violation  of  any 
provision  of  this  section  shall  be  deemed  cause  for  revoking 
the  license  of  the  offender,  if  licensed. 

688.  No  ordinary  connected  with  saloon  shall  be  open  on 
Sunday.]  No  ordinary,  belonging  to  or  connected  with  any 
dram-shop,  drinking  saloon,  or  other  place  where  intoxicating, 
malt,  vinous,  mixed  or  fermented  liquors  are  sold,  within  said 
city;  and  no  ordinary  in  which  there  is  a door  or  way  of  access 
to  any  place  adjacent  thereto  wherein  any  such  liquors  are  sold 
or  kept  for  sale,  shall  be  opened  or  kept  open  on  Sunday,  under 
a penalty  to  the  owner,  proprietor  or  keeper  of  such  ordinary 
of  twenty-five  dollars  for  each  and  every  offense. 


Article  VII. 


OFFENSES  RELATING  TO  VAGRANTS  AND  PAUPERS. 

689.  Vagrant  defined — prostitute,  street  walker,  etc.]  Any 

person  able  to  work  and  maintain  himself  or  herself  in  some 
lawful  calling,  not  having  visible  means  of  support,  who  shall 
live  idly  without  employment  and  without  any  fixed  place  of 
abode,  or  shall  stroll  about  the  streets  begging  from  house  to 
house,  or  frequenting  drinking  saloons,  gaming  houses  or  bawdy 
houses,  or  shall  otherwise  lead  an  idle  or  profligate  life;  or 
any  person  upon  whom  shall  be  found  any  instrument  or  device 
for  pigeon  dropping,  or  for  picking  locks  or  pockets,  or  for  the 
commission  of  burglary,  or  other  device  used  by  cheats  and 
swindlers,  without  being  able  to  give  a good  account  of  his 
or  her  possession  of  the  same;  or  any  person  who  shall  trespass 
upon  private  premises  in  the  night-time,  or  habitually  sleep 
in  out-houses,  stables,  lumber  yards,  railroad  depots  or  cars; 
or  any  prostitute,  bawd  or  lewd  woman,  or  female  inmate  of  a 
bawdy  house  or  house  of  ill-fame,  who  shall  be  wandering  about 
the  streets  plying  her  vocation,  or  visiting  or  staying  about 
dram-shops  or  drinking  Saloons;  and  all  habitual  night  walkers, 
or  persons  loitering  or  strolling  about  the  streets  of  the  city 
at  late  or  unusual  hours  of  the  night,  without  being  able  to  give 
a good  and  satisfactory  account  for  their  so  doing,  shall  be 
deemed  vagrants  within  the  meaning  of  this  section,  and  shall, 
upon  conviction,  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  in  each  case,  or  imprisoned  in  the 
city  prison  and  work-house  not  exceeding  six  months.  [As 
amended  April  14,  1884. 

690.  Loafing  or  loitering.]  Whoever  shall,  in  this  city,  be 
found  loafing  or  loitering  at  the  corners  of  streets,  or  in  the 
vicinity  of  any  place  of  amusement,  hotel  or  other  business 
place  or  private  premises,  and  shall  refuse  to  disperse  or  vacate 
such  place  when  requested  to  do  so  by  any  person  in  possession 
of  any  portion  of  the  premises,  who  is  annoyed  or  aggrieved 
thereby,  or  by  any  police  officer,  shall  be  deemed  guilty  of  a 
misdemeanor  and  fined  not  less  than  three  dollars. 

691.  Bringing,  leaving  or  abetting  paupers  in  city,  pro- 
hibited.] Whoever  shall  knowingly  send,  bring  or  leave  any 


OFFENSES  RELATING  TO  VAGRANTS  AND  PAUPERS.  533 


pauper  in  the  city  of  Springfield,  not  belonging  thereto,  or  shal] 
aid  or  abet  the  same,  or  shall  supply  with  means  or  assist  any 
such  pauper,  or  person  likely  to  become  a pauper,  to  come  into 
or  remain  in  the  city,  in  order  that  he  or  she  may  become  a 
charge  to  the  corporation,  shall  be  subject  to  a penalty  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars  in  each 
case.  It  shall  be  the  duty  of  all  police  officers  to  see  that  the 
provisions  of  this  section  are  strictly  enforced. 


GENERAL  ORDINANCES  OE  CITY. 


534 


CHAPTER  XX. 

NUISANCES. 


Article  I.  Enumeration  of,  and  Penalties  for  Nuisances. 

II.  When  Buildings,  etc.,  a Nuisance— How  abated. 

Article  I. 

ENUMERATION  OF,  AND  PENALTIES  FOR  NUISANCES. 

692.  When  premises  a nuisance — notice — penalty.]  Any 

building  or  premises,  or  part  thereof,  within  the  city  of  Spring- 
field,  which  may  be  nauseous  or  offensive  to  any  person  or  family 
residing  near  the  same,  or  to  persons  passing  along  any  street 
or  alley  near  thereby,  or  which  may  be  in  such  condition  as  to 
be  detrimental  or  injurious  to  the  public  health  or  comfort, 
shall  be  deemed  to  be  a nuisance;  and  any  owner,  occupant  or 
agent  of  such  premises,  who  shall  neglect  or  refuse  to  abate 
such  nuisance,  after  notice  to  do  so  by  the  health  officer,  or  any 
member  of  the  police  force,  shall  be  subject  to  a fine  of  not  less 
than  three  dollars  nor  more  than  twenty  dollars,  and  to  a further 
fine  of  one  dollar  for  each  day,  after  the  first  conviction,  that 
he  shall  fail  to  abate  such  nuisance. 

693.  Nuisances — pig-pen — stable — penalty.]  Any  pig-pen, 

stable,  or  place  in  wdiich  swine  or  other  animals  are  kept,  which 
may  be  offensive  or  nauseous  to  any  person  residing  in  the 
vicinity  of  the  same,  or  to  persons  passing  along  any  street  or 
alley  near  the  same,  is  hereby*  declared  to  be  a nuisance ; and  the 
owner  or  keeper  of  such  pen,  swine  or  other  animals,  or  the 
'owner  or  occupant  of  the  premises,  who  shall  fail,  neglect  or 
refuse  to  abate  such  nuisance,  after  notice  to  do  so  by  the  health 
officer  of  the  city,  or  any  policeman,  or  person  aggrieved  thereby, 
shall,  upon  conviction,  be  fined  not  less  than  three  dollars,  nor 
more  than  twenty  dollars,  and  shall  be  subject  to  a further  fine 
of  one  dollar  for  each  day  thereafter  that  he  shall  fail  to 
remedy  or  abate  said  nuisance.  • 


PENALTIES  EOIt  NUISANCES. 


535 


694.  Nuisance — foul  matter — penalty.]  Whoever  shall, 

within  the  city,  place  or  throw,  or  permit  to  be  discharged,  or 
to  flow  from  or  out  of  any  house  or  premises,  any  filthy,  foul 
or  offensive  matter  or  liquid  of  any  kind,  into  any  street,  alley 
or  public  place,  or  upon  any  adjacent  lot  or  ground,  or  shall 
allow  or  permit  the  same  to  be  done  by  any  person  connected 
with  the  premises,  under  his  or  her  control,  shall  be  deemed 
guilty  of  a nuisance,  and  shall,  upon  convicton  be  fined  not 
less  than  three  dollars  nor  more  than  twenty  dollars  for  each 
offense. 

695.  Nuisance — stagnant  water — penalty.]  Any  lot,  ground 
or  premises,  within  said  city,  upon  which  stagnant  water  may 
be  standing  so  as  to  become  or  likely  to  become  foul,  putrid 
or  offensive,  or  detrimental  to  the  health  and  comfort  of  persons 
residing  in  the  vicinity  thereof,  is  hereby  declared  to  be  a 
nuisance ; and  any  owner  or  agent  of  such  lot  or  premises,  who 
shall  fail  or  neglect  to  abate  said  nuisance,  after  notice  to  do 
so  by  the  health  officer,  or  any  member  of  the  police  force,  shall 
be  subject  to  a fine  of  five  dollars,  and  to  a further  fine  of  one 
dollar  for  each  day,  after  the  first  -conviction,  that  he  shall  so 
fail  to  abate  the  same. 

696.  Nuisance — notice  to  owner,  etc. — to  abate.]  When 
any  nuisance,  or  anything  likely  to  become  a nuisance,  may  be 
found  upon  any  premises,  and  the  person  causing  such  nuisance 
is  unknown  or  cannot  be  found,  the  owner,  agent,  or  occupant 
of  the  premises,  shall  be  notified  by  the  health  inspector,  or 
any  police  officer,  to  abate  the  same,  and  if  such  owner,  agent 
or  occupant,  whose  duty  it  is  hereby  made- to  abate  said  nuisance, 
shall  not  promptly  comply  with  such  notice,  he  shall  be  subject 
to  a penalty  of  not  less  than  three  dollars,  nor  more  than  ten 
dollars. 

697.  Nuisance — weeds — penalty.]  Any  weeds,  such  as 
jimpson,  burdock,  ragweeds,  thistles,  cuckle-burrs  or  other 
weeds  of  like  kind  found  growing  on  any  lot,  block,  tract  or 
parcel  of  land,  situated  along  any  street  or  avenue  of  the  city 
of  Springfield,  shall  be  deemed  to  be  a nuisance,  and  any  owner, 
occupant  or  agent,  of  any  said  lot,  block,  tract  or  parcel  of  land, 
who  shall  neglect  or  refuse  to  abate  such  nuisance  after  five 
day’s  notice  to  do  so  by  superintendent  of  the  streets  or  any 


536 


GENERAL  ORDINANCES  OF  CITY. 


members  of  the  police  force,  shall  be  subject  to  a fine  of  not  less 
than  three  dollars  and  not  more  than  twenty  dollars,  and  to  a 
further  fine  of  one  dollar  for  each  day  after  the  first  conviction 
that  he  shall  fail  to  obey  such  notice.  [Passed  Sept.  7,  1897. 

698.  Livery  stable — gas  works — paper  mill,  etc. — nuisance, 
when.  ] Any  owner  or  lessee  of  any  livery  stable,  or  any  person 
having  the  management  or  control  of  any  gas-works,  paper 
mill,  or  other  manufacturing  establishment  in  said  city,  who 
shall  suffer  or  permit  such  place  to  become  nauseous,  foul  or 
offensive,  or  to  be  in  such  a condition  as  to  affect  the  health  or 
comfort  of  persons  in  the  vicinity  thereof,  shall  be  deemed  guilty 
of  maintaining  a nuisance,  and  shall  incur  a penalty  of  five 
dollars  for  each  day  they  shall  fail  to  remedy  or  abate  any  such 
nuisance,  after  notice  to  do  so  by  the  mayor,  the  health  officer, 
or  any  member  of  the  police  force. 

699.  Stock  yards — nuisance — penalty — location.]  Stock 

yards  used  and  maintained  wherein  cattle,  horses,  sheep  or  swine 
are  kept,  received  for  sale,  shipment,  or  for  any  other  purpose, 
within  one  mile  of  the  public  square  of  said  city  are  hereby  de- 
clared a nuisance.  Any  person,  persons,  firm,  or  corporation, 
who  shall  maintain,  keep  or  use  stock  yards,  wherein  are  kept, 
received  for  sale,  shipment,  or  for  any  other  purpose,  cattle, 
horses,  sheep  or  swine,  within  one  mile  of  the  public  square  of 
said  city,  shall  be  subject  to  a fine  of  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  dollars  for  each  and  every  of- 
fense, and  a like  fine  and  penalty  as  above  for  every  day  there- 
after that  said  nuisances  are  continued.  The  location  of  pens 
within  the  corporate  limits  of  the  city  of  Springfield  shall  be 
made  under  the  direction  of  the  street  and  alley  committee  of. 
the  city  of  Springfield. 

700.  Nuisance — slaughter  houses,  etc. — penalty.]  Whoever 
shall,  within  said  city,  butcher  or  slaughter  any  cattle,  sheep, 
swine,  or  other  animals,  or  use  any  building  or  premises  for 
that  purpose,  shall  be  deemed  guilty  of  creating  a nuisance; 
or  whoever  shall,  within  the  distance  of  one  mile  without  the 
city  limits,  establish  any  slaughter  or  packing  house,  or  carry 
on  the  business  of  slaughtering  or  butchering  stock,  without 
obtaining  the  permission  of  the  city  council  therefor,  shall  be 
deemed  guilty  of  a nuisance;  or  whoever,  having  obtained  per- 


PENALTIES  FOR  NUISANCES. 


537 


mission  of  the  city  council,  shall  conduct  or  carry  on  the  busi- 
ness of  slaughtering  or  butchering  in  such  manner  as  to  taint 
the  air  so  that  the  same  shall  become  offensive,  annoying  and 
unwholesome  to  the  persons  residing  in  the  neighborhood  there- 
of, shall  be  deemed  guilty  of  a nuisance.  Any  person  or  persons 
causing  or  continuing  any  such  nuisance,  or  failing  to  keep  his 
or  their  premises  in  a clean  and  inoffensive  condition,  shall  be 
subject  to  a fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars  in  each  case,  and  to  a further  fine  of  ten  dollars 
for  each  day  after  the  first  conviction  that  any  such  nuisance 
shall  remain. 

701.  Offal  of  tannery,  soap  factory,  etc. — penalty.]  Who- 
ever shall,  within  the  limits  of  the  city  of  Springfield,  establish 
or  maintain  any  tallow  chandlery,  tannery,  bone  or  soap  factory, 
or  shall  steam,  boil  or  render  any  tainted  lard,  tallow,  offal, 
or  other  unwholesome  animal  substance,  shall  be  deemed  guilty 
of  a nuisance;  or  whoever  shall  without  the  city  limits,  and 
within  one  mile  thereof,  establish  or  maintain  any  such 
chandlery,  factory,  tannery,  or  rendery,  without  first  obtaining 
the  consent  of  the  city  council;  or  whoever,  having  obtained 
such  permission  and  consent,  shall  so  conduct  or  carry  on  any 
such  business  as  to  taint  the  air  and  render  it  offensive  or  un- 
wholesome, or  so  as  to  affect  the  health  or  comfort  of  persons 
residing  in  the  neighborhood  thereof,  shall  be  deemed  guilty 
of  a nuisance,  and  shall  be  subject  to  a fine  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  offense, 
and  to  a further  fine  of  ten  dollars  for  each  day  after  the  first 
conviction  that  any  such  nuisance  shall  be  continued. 

702.  Board  of  health  to  inspect  slaughter  houses,  etc.]  It 

shall  be  the  duty  of  the  board  of  health  and  of  the  superintend- 
ent of  police,  from  time  to  time,  and  as  often  as  once  a month, 
between  the  first  day  of  May  and  the  first  day  of  October  in 
each  year,  to  visit  and  inspect  all  slaughter  or  packing  houses, 
bone  or  soap  factories,  lard  or  tallow  renderies,  or  other  like 
establishments  within  the  jurisdiction  of  the  city  council  of 
said  city,  and  to  prosecute,  or  cause  to  be  prosecuted,  all  persons 
violating  any  of  the  provisions  of  this  article. 


—19 


GENERAL  ORDINANCES  OE  CITY. 


538 


Article  II. 

WHEN  BUILDINGS,  ETC.,  A NUISANCE — HOW  ABATED. 

703.  Nuisance — building  in  danger  of  falling.]  Any  build- 
ing, or  part  thereof,  within  the  city  of  Springfield,  which  shall 
be  in  danger  of  falling,  or  otherwise  in  such  condition  as  to 
be  unsafe  for  persons  passing  under  or  near  the  same,  or  resid- 
ing adjacent  thereto,  or  to  endanger  any  property  contiguous 
thereto,  is  hereby  declared  to  be  a nuisance;  and  when  any  such 
nuisance  shall  be  found  by  the  superintendent  of  police,  or  any 
police  •officer,  or  he  reported  to  him  by  any  person  annoyed 
thereby,  he  shall  forthwith  notify  the  owner  or  agent  of  the 
property  to  abate  said  nuisance,  and  the  owner  or  agent  shall 
thereupon  proceed  to  remedy  or  abate  the  same,  under  a penalty 
of  three  dollars  for  each  day  after  such  notice  that  he  shall 
permit  said  nuisance  to  continue.  In  case  the  owner  or  agent 
of  the  building  can  not  be  found,  the  officer  shall  report  the 
fact  to  the  city  council,  who  may  order  the  tearing  down  and 
removal  of  any  such  building  or  part  thereof. 

704.  Nuisance — wooden  building  within  fire  limits.]  Any 

wooden  building,  or  wooden  part  of  any  building  within  the 
fire  limits,  which  may  be  located  within  thirty  feet  of  any 
adjacent  building,  and  which  shall  be  so  dilapidated  or  out  of 
repair  as  to  .be  untenantable,  is  hereby  declared  a nuisance; 
and  when  any  such  nuisance  shall  come  to  the  knowledge  of  the 
fire  marshal,  or  any  police  officer,  he  shall  forthwith  notify 
the  owner  or  agent  of  such  building  to  remedy  or  abate  such 
nuisance,  and  the  owmer  or  agent  shall  thereupon  proceed  to 
abate  the  same,  under  a penalty  of  three  dollars  for  each  day 
after  such  notice  that  he  shall  neglect  or  refuse  to  do  so;  and 
the  city  council  may  order  any  such  wooden  building,  or  part 
of  wooden  building,  to  be  taken  down  or  removed  by  the  super- 
intendent of  police. 

705.  Nuisance — insecure  scaffold,  etc.]  All  scaffolds  or 
other  erections  used  in  the  erection  or  repair  of  any  building, 
shall  be  made  secure  and  sufficiently  wide  to  insure  the  safety 
of  persons  working  thereon  or  passing  thereunder  against  the 
falling  of  the  same,  or  of  materials  placed  thereon.  Any 


WHEN  BUILDINGS  A NUISANCE. 


539 


scaffold  or  other  like  erection  which  may  be  otherwise  con- 
structed, shall  be  deemed  a nuisance  ; and  whoever  shall  erect 
or  use  any  such  insecure  or  dangerous  scaffold  or  other  erection, 
shall,  upon  conviction  thereof,  be  fined  not  less  than  five  nor 
more  than  fifty  dollars,  and  shall  be  liable  to  a like  fine  for 
every  day  thereafter  that  he  shall  fail  to  remedy  or  abate  the 
same. 

706.  Bill-board — when  a nuisance.]  Whenever  a majority 
of  the  owners  of  the  real  estate  upon  any  block  in  said  city  shall 
petition  the  city  council  to  remove  any  bill-board  or  show-board, 
that  may  be  erected  on  any  part  of  said  block,  within  thirty  feet 
of  the  sidewalk,  the  city  council  shall  thereupon  declare  said 
bill-board  or  show-board  to  be  a nuisance,  and  shall  direct  the 
city  clerk  to  notify  the  owner  thereof  to  remove  the  same  within 
ten  days  after  it  shall  be  declared  a nuisance.  [As  passed  July 
5,  1886. 

707.  Penalty  for  not  removing.]  If  the  owner  of  said  bill- 
board or  show-board  shall  not  remove  the  same  within  ten  days 
after  receiving  said  notice,  he  shall  be  subject  to  a penalty  of 
five  dollars  for  every  day  the  said  bill-board  or  show-board  shall 
remain  after  the  expiration  of  said  ten  days,  to  be  recovered  in 
the  name^of  the  city  in  an  action  of  debt.  [As  passed  July  5, 
1886. 

708.  Privies — when  a nuisance.]  Every  tenement  in  said 
city  used  as  a dwelling  house,  and  every  factory  or  other  business 
building,  shall  be  furnished  by  the  owner  or  agent  of  the  same 
with  a suitable  privy  or  water  closet.  Privies  for  dwellings  shall 
be  sunk  in  the  ground  at  least  six  feet  deep,  and  not  less  than 
eight  feet  deep  for  other  buildings,  and  shall  be  walled  up  with 
brick  or  stone,  or  curbed  with  two-inch  plank,  and  shall  be  con- 
structed so  that  the  outside  wall  thereof  shall  be  at  least  three 
feet  distant  from  the  line  of  every  adjoining  lot,  unless  the  owner 
of  such  adjoining  lot  shall  otherwise  agree,  and  shall  also  be 
at  least  three  feet  distant  from  any  alley,  and  at  least  five  feet 
from  any  street  or  avenue;  and  every  owner  or  agent  of  any 
premises,  who  shall  violate  or  fail  to  comply  with  any  of  the 
provisions  of  this  “section  shall  be  deemed  guilty  of  a nuisance, 
and  shall,  upon  conviction  thereof,  be  fined  not  less  than  five 
dollars  nor  more  than  twenty- five  dollars,  and  shall  be  subject 


GENERAL  ORDINANCES  OF  CITY. 


540 

to  a further  tine  of  one  dollar  for  every  day  thereafter  that  he 
shall  fail  to  remedy  said  nuisance. 

709.  Privies — when  a nuisance.]  Whenever  any  privy  or 
privy  vault  shall  be  kept  or  permitted  to  remain  in  such  a con- 
dition as  to  become  offensive  or  unwholesome  to  any  person  or 
persons  in  the  vicinity  thereof,  the  same  shall  be  deemed  a nui- 
sance; and  any  owner,  occupant  or  agent  of  the  premises  upon 
which  such  privy  is  located,  who  shall  neglect  or  refuse  to  abate 
said  nuisance  after  being  notified  to  do  so  by  the  health  officer, 
or  any  police  officer,  or  by  any  person  aggrieved  thereby,  shall, 
on  conviction,  be  fined  not  exceeding  five  dollars,  and  shall  in- 
cur a further  fine  of  one  dollar  for  every  day  thereafter  that 
lie  shall  allow  such  nuisance  to  continue. 

710.  Privy  vaults — when  to  be  emptied.]  No  privy  or  privy 
vault  shall  be  cleaned  or  emptied  at  any  other  time  than  between 
the  hours  of  ten  o’clock  P.  M.  and  five  o’clock  A.  M.,  nor  shall 
the  contents  of  the  same  be  removed  unless  the  person  for  whom 
the  same  is  to  be  done,  or  his  agent,  shall  first  obtain  from  the 
superintendent  of  police  a permit  authorizing  the  same  to  be 
done,  which  permit  shall  give  the  name  of  the  person  applying 
for  the  same,  the  location  of  the  premises  and  the  scavenger  who 
proposes  to  do  the  work.  No  scavenger,  without  such  permit, 
nor  unless  he  is  named  in  the  same,  shall  make  such  removal. 
The  contents  of  such  privy  or  vault  shall  be  carefully  removed 
at  least  one-half  mile  beyond  the  city  limits.  Any  person  vio- 
lating the  provisions  of  this  section  shall,  on  conviction  thereof, 
be  fined  not  less  than  five  dollars  nor  more  than  fifty  dollars  for 
each  offense.  [As  amended  June  19,  1888. 

711.  Nuisance — penalty  for  committing.]  Whoever  shall 
create,  commit,  permit  or  continue  a nuisance  of  any  kind  or 
description  in,  upon  or  about  any  private  property,  or  in  any 
public  place,  within  the  city,  which  may  affect  the  health,  com- 
fort or  convenience  of  persons  residing  or  doing  business  in  the 
vicinity  thereof,  shall,  upon  conviction,  be  fined  in  any  sum  not 
less  than  three  nor  more  than  one  hundred  dollars.  All  nui- 
sances not  defined  by  or  provided  for  in  this  chapter  or  ordi- 
nance, but  which  are  known  to  and  provided  for  by  the  Statutes 
of  this  State,  are  hereby  declared  to  be  nuisances,  and  may  be 
proceeded  against  under  the  provisions  of  this  section. 


GENERAL  PROVISIONS. 


541 


CHAPTER  XXI. 

OFFICERS. 

Article  I.  General  Provisions. 

II.  Removal  of  Officers. 

III.  Oil  Inspector’s  Office. 

Article  I. 

GENERAL  PROVISIONS. 

712.  Officers — who  are  eligible.]  No  person  shall  be  eligi- 
ble to  any  office  under  the  city  government  who  is  not  a quali- 
fied elector  of  the  city  of  Springfield,  and  who  shall  not  have 
resided  therein  at  least  one  year  next  preceding  his  election  or 
appointment,  nor  shall  any  person  be  eligible  to  any  office  who 
is  a defaulter  to  the  corporation. 

713.  Officers  shall  take  oath  and  give  bond.]  All  officers  of 
said  city,  whether  elected  or  appointed,  shall,  before  entering 
upon  the  duties  of  their  respective  offices,  take  and  subscribe  the 
oath  or  affirmation  prescribed  by  law  therefor,  and  all  such  of- 
ficers, except  aldermen,  shall  execute  a bond,  with  at  least  two 
good  and  sufficient  sureties,  to  be  approved  by  the  city  council, 
payable  to  the  city  of  Springfield,  in  such  penal  sum  as  may  be 
directed  by  ordinance  or  resolution  of  said  council,  conditioned 
for  the  faithful  performance  of  the  duties  of  the  office,  and  for 
the  payment  of  all  moneys  received  by  such  officer,  according  to 
law  and  the  ordinances  of  said  city. 

714.  Bond  to  be  acknowledged  and  approved.]  The  execu- 
tion of  such  official  bond  shall  be  acknowledged  by  the  officer 
and  his  sureties  before  some  person  authorized  by  law  to  take 
the  acknowledgment  of  deeds,  who  shall  make  thereon  a certifi- 
cate of  such  acknowledgment;  and  upon  the  approval  of  such 
bond  by  the  city  council,  the  city  clerk  shall  indorse  the  date 
of  approval  on  the  bond,  and  shall  file  the  same  in  his  office, 
together  with  the  oath  of  such  officer. 


GENERAL  ORDINANCES  OF  CITY. 


542 

715.  New  bond  to  be  given — when.]  The  city  council  may 
require  any  officer  of  said  city,  who  is  required  by  law  to  give  an 
official  bond,  to  furnish  additional  security,  or  execute  a new 
bond,  whenever  the  security  of  the  original  bond  has  become 
insufficient  by  the  insolvency,  death  or  removal  of  the  sureties, 
or  any  of  them,  or  when,  for  any  cause,  such  bond  shall  be  deemed 
insufficient.  Any  officer  who  shall  fail  to  furnish  additional 
security,  or  give  a new  bond,  when  so  required  by  the  city  coun- 
cil, within  ten  days  after  he  is  notified  in  writing  of  such  re- 
quirement, shall  be  deemed  to  have  vacated  his  office. 

716.  Officer  to  be  commissioned.]  When  any  person  elected 
or  appointed  to  any  city  office  shall  have  qualified  as  aforesaid, 
the  city  clerk  shall  make  out  and  deliver  to  such  officer  [except 
the  mayor,  clerk  and  aldermen,]  a commission,  under  the  cor- 
porate seal,  signed  by  the  clerk  and  the  mayor,  or  the  presid- 
ing officer  of  the  city  council.  The  mayor  shall  issue  a certifi- 
cate of  election  to  the  clerk,  under  the  seal  of  the  corporation. 

717.  Form  of  commission.]  The  commission  issued  by  the 
city  clerk  may  be,  substantially,  in  the  following  form: 

Mayor  of  the  City  of  Springfield. 

To  all  to  whom  these  presents  shall  come , greeting : 

Know  ye,  That having  been  duly  elected  [or  ap- 
pointed, as  the  case  may  be,]  to  the  office  of of  the 

City  of  Springfield,  I, Mayor  of  said  city,  for  and  in 

behalf  of  the  people  thereof,  do  hereby  commission  him 

in  and  for  said  city;  to  have  and  to  possess  said  office,  with  all  the  rights, 
powers  and  emoluments  incident  thereto,  and  with  authority  to  execute  all  the 
duties  thereof,  according  to  law  and  ordinance,  until  his  successor  shall  be  duly 
chosen  and  qualified. 

In  testimony  whereof,  1 have  hereunto  set  my  hand,  and  caused  the  corporate 

seal  of  said  city  to  be  affixed,  this day  of A.  D.  one 

thousand  nine  hundred  and 

By  the  Mayor.  

Mayor. 

City  Clerk. 

718.  Officers — when  to  report.]  All  officers  of  said  city 
shall,  in  addition  to  the  reports  by  this  ordinance  required  to  be 
made  by  them,  report  in  writing  to  the  mayor,  when  so  required, 
the  condition  and  business  of  their  respective  offices  or  depart- 
ments, and  all  matters  therein  touching  the  interests  of  the  city ; 
and  all  such  officers  shall,  when  requested,  give  all  the  informa- 
tion in  their  power  pertaining  to  their  offices,  to  the  mayor,  the 
city  council,  or  any  committee  thereof. 


GENERAL  PROVISIONS. 


543 


719.  Officers  liable  for  negligence,  etc.]  All  officers  shall 
be  liable  to  the  city  for  all  loss  or  damage  that  may  result  there- 
to from  their  negligence  or  willful  misconduct  in  the  discharge 
of  any  official  duty;  and  the  city  council  may,  in  its  discretion, 
by  order,  withhold  the  salary  of  any  such  officer  in  order  to  se- 
cure the  corporation  from  loss. 

720.  Officer  removing  vacates  his  office.]  If  the  mayor,  or 
other  city  officer,  shall,  during  his  official  term,  remove  beyond 
the  limits  of  the  city,  his  office  shall  thereby  become  vacant ; and 
if  any  aldermen  shall  remove  from  the  ward  in  and  for  which 
he  was  elected,  his  office  shall  thereby  become  vacant. 

721.  Officers  shall  apply  for  leave  of  absence.]  Any  officer 
who  may  desire  to  be  temporarily  absent  from  the  city,  shall 
apply  to  the  city  council,  if  in  session,  or,  if  not,  to  the  mayor 
for  leave  of  absence,  which  may  be  granted  by  the  mayor,  for 
any  time  not  exceeding  one  month,  and  by  the  city  council  for 
any  time  not  exceeding  three  months.  Any  officer  who  shall 
absent  himself  from  said  city  for  more  than  one  week,  without 
obtaining  such  leave  of  absence,  shall  incur  a penalty  of  twenty- 
five  dollars  for  every  such  offense. 

722.  Officer  not  to  be  interested  in  city  work,  etc.]  No  city 
officer  shall  be  a contractor  for  any  city  work,  or  be  directly  or 
indirectly  interested  in  any  contract,  work  or  business  of  the 
city;  nor  in  the  hiring  of  any  carts  or  teams  upon  any  work  of 
the  city  coming  under  his  supervision ; nor  in  the  purchase  of  any 
real  estate  or  other  property  belonging  to  the  corporation,  or 
which  may  be  sold  for  taxes  or  assessments,  or  by  virtue  of  legal 
process  at  the  suit  of  said  corporation,  under  a penalty  of  not 
less  than  twenty-five  dollars  nor  more  than  two  hundred  dollars 
for  each  offense. 

723.  Penalty  for  pretending  to  be  an  officer.  ] Whoever  shall 
falsely  represent  himself  to  be  an  officer  of  the  city  of  Spring- 
field,  and  especially  a police  officer;  or  whoever  shall,  without 
due  authority,  exercise,  or  attempt  to  exercise,  any  of  the  powers 
or  functions  of  any  officer;  or  shall,  without  due  authority,  wear 
any  star,  badge  or  mark  purporting  to  be  that  of  a policeman  or 
firemen  of  the  city,  shall  be  subject  to  a fine  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 


544 


GENERAL  ORDINANCES  OF  CITY. 


724.  Officer  shall  deliver  to  his  successor  all  property,  etc.] 

Any  person  having  been  an  officer  of  said  city  shall,  within  five 
days  after  notification  and  request  thereto,  deliver  to  his  succes- 
sor in  office  all  property,  books  and  effects  of  every  description, 
in  his  possession  or  control,  belonging  to  the  city,  or  appertain- 
ing to  his  said  office;  and  upon  his  neglect  or  refusal  to  do  so, 
he  shall  be  subject  to  a penalty  of  not  less  than  twenty-five  dol- 
lars nor  more  than  two  hundred  dollars,  and  shall  also  be  liable 
in  a separate  suit  for  all  damages  caused  by  such  neglect  or  re- 
fusal. 


Article  IT. 

REMOVAL  OF  OFFICERS. 

725.  Officer — mayor  shall  have  power  to  remove,  etc.]  The 

mayor  of  the  city  of  Springfield  shall  have  power  to  remove  any 
officer  appointed  by  him,  or  with  his  consent,  upon  any  formal 
charge,  whenever  he  shall  be  of  the  opinion  that  the  interests 
of  the  city  demand  such  removal;  but  he  shall  report  the  rea- 
sons therefor  to  the  city  council  at  a meeting  to  be  held  not  less 
than  five  days  nor  more  than  ten  days  after  such  removal ; and 
if  the  mayor  shall  fail  to  so  report  to  the  council,  or  to  file  with 
the  city  clerk  a statement  of  his  reasons  for  such  removal,  or 
if  the  city  council,  by  a two-thirds  vote  of  all  the  members  au- 
thorized by  law  to  be  elected,  by  yeas  and  nays,  to  be  entered 
upon  its  journal,  shall  disapprove  of  such  removal,  such  officer 
shall  thereupon  become  restored  to  the  office  from  which  he  was 
so  removed ; but  he  shall  take  a new  oath  of  office  and  execute  a 
new  bond  to  the  corporation. 

726.  Officer — when  removed,  shall  not  draw  salary,  etc.] 

No  officer  of  the  city,  removed  from  office  as  aforesaid,  shall 
draw  or  receive  any  salary  from  and  after  the  date  of  such  re- 
moval by  the  mayor,  unless  restored  to  his  office  by  vote  of  the 
city  council,  and  in  the  latter  case,  he  shall  not  be  entitled  to 
draw  any  salary  for  or  during  the  time  of  such  removal. 

727.  Officer — when  charges  preferred.]  Whenever  any 
charge  shall  be  preferred  against  any  alderman,  or  other  officer 
of  the  corporation,  upon  which  action  may  be  taken  by  the  city 
council,  the  same  shall  be  referred  to  an  appropriate  standing 


OIL  INSPECTOR. 


545 


or  special  committee  of  that  body,  whose  duty  it  shall  be  to  ex- 
amine and  report  as  to  whether  such  charge  is  well  founded  or 
not,  and  such  committee  may,  when  deemed  necessary,  be  em- 
powered to  send  for  persons  and  papers. 

728.  Officer — investigation  of  charges  against.]  It  shall 
be  the  duty  of  the  city  clerk  to  issue  summons,  under  the  cor- 
porate seal  (signed  by  the  mayor),  for  all  witnesses,  and  the 
production  of  all  papers,  that  may  be  required  before  the  city 
council,  or  any  committee  thereof,  and  deliver  the  same  to  the 
superintendent  of  police,  or  any  police  officer,  who  shall  serve 
such  summons  by  reading  or  delivering  a copy  thereof  to  the 
person  summoned,  and  make  return  in  what  manner  he  has  exe- 
cuted the  same.  Any  person  who  shall  neglect  or  refuse  to  ap- 
pear or  testify  when  so  summoned,  or  to  produce  any  papers  in 
his  possession  or  under  his  control  pertaining  to  any  such  in- 
vestigation by  the  city  council,  or  any  committee  thereof,  shall 
incur  a penalty  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  each  offense,  and  he  may  be  compelled  to  appear  and 
testify  in  any  other  legal  manner. 

729.  Officer — willful  neglect  of  duty,  etc.]  If  any  city  offi- 
cer, whether  elected  or  appointed,  shall  willfully  neglect  or  re- 
fuse to  perform  any  duty  required  of  him  by  the  laws  or  ordi- 
nances of  the  city,  shall,,  at  any  time,  willfully  and  corruptly 
be  guilty  of  oppression,  malfeasance  or  misfeasance  in  the  dis- 
charge of  the  duties  of  his  office,  he  shall  be  liable  to  a fine  of  not 
less  than  twenty-five  dollars  nor  more  than  two  hundred  dollars 
for  each  offense;  and  he  may  be  proceeded  against  in  any  court 
of  competent -jurisdiction,  and  removed  from  office,  as  provided 
by  law  in  such  case. 


Article  III. 

OIL  INSPECTOR. 

730.  Oil  inspector — how  and  when  appointed.]  The  mayor, 
by  and  with  the  advice  and  consent  of  the  city  council,  shall 
apoint  an  oil  inspector,  who  shall  hold  his  office  until  the  first 
Monday  in  [May,  1888,  and  on  the  first  Monday  in  May,  1888, 
and  annually  thereafter,  the  mayor  shall  appoint  an  oil  inspec- 
tor, who  shall  hold  his  office  for  the  term  of  one  year  and  until 
his  successor  is  appointed  and  qualified. 


546 


GENEKAL  OKDINANCES  OF  CITY. 


731.  Shall  give  bond — and  take  oath.]  Such  inspector  shall, 
before  entering  upon  the  duties  of  his  office,  give  bond  in  the 
sum  of  five  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  his  duties,  and  payable  to  the  city  of  Springfield, 
lie  shall  also  take  the  path  provided  by  law. 

732.  Duties.]  He  shall  perform  the  duties  prescribed  for 

him  by  the  laws  of  the  State  of  Illinois,  in  relation  to  oil  in- 
spection. j 

733.  Fees.]  Such  inspector  shall  receive,  as  his  compensa- 

tion, the  following  fees,  to  be  paid  by  the  party  desiring  his 
services : For  inspection  of  oil  in  single  barrels,  or  lots  of  not 

more  than  five  barrels,  twenty-five  cents  per  barrel.  For  inspect- 
ing oil  in  lots  of  more  .than  five  and  less  than  fifty  barrels,  ten 
cents  per  barrel.  For  inspecting  oil  in  tanks  or  more  than  fifty 
barrels,  or  in  lots  of  fifty  barrels  or  over,  three  cents  per  barrel. 
[Passed  October  11,  1887. 


ORDINANCES. 


547 


CHAPTER  XXII. 

ORDINANCES. 

Article  I. 

734.  To  be  recorded  and  indexed.]  All  ordinances  passed 
by  the  city  council  of  the  city  of  Springfield,  shall  be  deposited 
in  the  office  of  the  city  clerk,  and  shall  be  duly  recorded  by  the 
clerk  in  the  record  book  of  ordinances,  and  appropriately  in- 
dexed by  their  titles  or  subjects. 

735.  Clerk  to  preserve — may  correct  errors.]  The  city  clerk 
shall  file  and  carefully  preserve  the  originals  of  all  ordinances 
deposited  in  his  office.  He  may  correct  any  errors  in  the  num- 
bering of  any  chapter,  article  or  section  of  any  ordinance,  and 
insert  the  proper  numbers;  and  he  may  omit  words  inserted, 
or  supply,  with  brackets,  words  omitted,  by  clerical  mistake. 

736.  What  ordinances  shall  be  published.]  He  shall  cause 

every  ordinance  of  the  city  council  making  any  appropriation, 
or  imposing  any  fine,  penalty,  forfeiture  or  imprisonment,  to 
be  published  at  least  once  in  some  newspaper  printed  and  pub- 
lished in  said  city,  within  one  month  after  the  passage  thereof, 
and  it  shall  be  his  duty  to  see  that  the  same  is  correctly  printed 
and  published:  Provided , that  nothing  in  this  section  con- 

tained shall  be  deemed  to  apply  to  any  ordinance  included  in 
any  revision  or  compilation  of  ordinances,  which  may  be  collec- 
tively published  in  book  or  pamphlet  form,  by  authority  of  the 
city  council. 

737.  Date  of  passage  and  publication  to  be  recorded.]  Said 
clerk  shall  make,  at  the  foot  of  the  record  of  each  ordinance 
recorded  as  aforesaid,  a memorandum  of  the  date  of  its  passage, 
and  of  the  publication  of  such  ordinance  (when  required  to 
be  published),  which  record  or  memorandum,  or  a certified 
copy  thereof,  shall  be  prima  facie  evidence  of  the  passage  and 
legal  publication  of  such  ordinance  for  all  purposes  whatsoever. 


548 


GENERAL  ORDINANCES  OF  CITY. 


738.  When  ordinances  shall  take  effect.]  All  ordinances 
of  the  city  council,  required  to  be  published,  shall  take  effect 
ten  days  after  the  due  publication  thereof;  and  all  other  ordi- 
nances, resolutions  and  orders  shall  take  effect  and  be  in  force 
from  and  after  their  passage,  unless  otherwise  therein  provided. 

739.  Revised  ordinances.]  The  revised  ordinances  of  said 
city,  when  published  in  book  form,  by  authority  of  the  city 
council,  shall  be  deposited  in  the  office  of  the  city  clerk.  He 
shall  deliver  one  copy  thereof  to  each  officer  of  the  corporation, 
and  to  such  other  persons  as  the  mayor  or  city  council  may 
direct. 

740.  Repealed  ordinance  shall  be  in  force  until,  etc.]  When 
any  ordinance  or  part  thereof  shall  be  repealed  or  modified  by 
a subsequent  ordinance,  the  ordinance  or  part  thereof,  so  re- 
pealed or  modified,  shall  continue  in  force  until  the  taking 
effect  of  the  ordinance  repealing  or  modifying  the  same.  Ho 
ordinance  or  part  thereof,  repealed  by  the  city  council,  shall 
be  deemed  to  be  revived  by  the  repeal  of  the  repealing  ordi- 
nance, unless  it  shall  be  therein  so  expressly  provided. 

741.  No  suit,  etc. — to  be  released,  etc.,  by  repeal  of  ordi- 
nance.] Ho  suit,  proceeding,  fine,  penalty,  forfeiture,  debt, 
right,  or  other  liability  whatever,  instituted,  incurred,  created, 
given  or  accrued,  by  or  under  any  ordinance  of  the  city  prior 
to  its  repeal  or  modification,  shall  be  annulled,  released,  dis- 
charged, or  in  anywise  affected  by  the  passage  of  such  repealing 
or  modifying  ordinance;  but  the  same  may  be  prosecuted,  re- 
covered, completed  and  enjoyed,  as  fully  in  all  respects  as  if 
such  ordinance  or  part  thereof  had  remained  in  full  force,  unless 
otherwise  expressly  provided  in  the  ordinance  making  such  re- 
peal. 

742.  Definition  of  terms,  etc.,  in  ordinance — what  shall  in- 
clude.] Whenever,  in  any  ordinance,  words  importing  the 
singular  number  are  used  in  describing  or  referring  to  any  per- 
son or  subject  matter,  such  words  shall  be  deemed  to  extend  to 
and  include  several  persons,  matters  or  subjects ; and  words  used 
collectively,  or  importing  the  plural  number,  shall  be  deemed 
to  extend  to  and  embrace  any  single  person,  matter  or  subject, 
as  well  as  several;  and  when  any  person  or  subject  matter  shall 


ORDINANCES. 


549 

be  named,  described  or  referred  to  by  words  importing  the  mas- 
culine gender,  or  by  general  terms,  females  ^as  well  as  males  shall 
be  deemed  included  in  the  meaning  thereof ; and  the  words  “per- 
son” or  “persons,”  or  words  importing  any  person  or  persons, 
shall  be  deemed  to  include  bodies  corporate  as  well  as  individuals : 
Provided , that  these  rules  of  construction  shall  not  be  applicable 
to  any  ordinance  which  shall  contain  any  express  provision  ex- 
cluding such  construction,  or  where  the  context  or  subject  mat- 
ter of  such  ordinance  may  be  repugnant  thereto. 

743.  Ordinances — how  construed.]  When  the  provisions  of 
different  ordinances,  or  of  , the  different  chapters  of  any  ordi- 
nance, conflict  with  or  contravene  each  other,  the  provisions  and 
requirements  of  each  ordinance  or  chapter  shall  prevail  as  to  all 
subjects,  matters  .and  questions  embraced  within,  or  arising  out 
of,  the  subject  matter  thereof.  But  if  different  or  conflicting 
provisions  be  found  in  different  sections  of  the  same  ordinance 
or  chapter,  the  provisions  of  the  section  last  in  numerical  order 
shall  prevail,  unless  such  construction  would  be  repugnant  to  or 
inconsistent  with  the  obvious  meaning  of  such  ordinance  or 
chapter. 

744.  “Court”  and  “month”  and  “oath” — how  construed.] 

The  word  “court,”when  used  in  any  ordinance,  shall  be  construed 
to  mean  any  court  of  competent  jurisdiction,  whether  police 
magistrate’s  court,  justice  of  the  peace,  or  court  of  record.  The 
word  “month,”  when  used  in  any  ordinance,  shall  be  construed 
to  mean  a calendar  month ; and  the  word  “oath”  shall  be  deemed, 
to  include  an  affirmation,  and  the  word  “sworn”  to  mean  sworn 
or  affirmed. 

745.  “Reasonable”  and  “written”  defined.]  When,  in  any 
ordinance, .any  act  or  duty  shall  be  required  to  be  done  within  a 
“reasonable  time,”  or  upon  a “reasonable  notice,”  such  reasonable 
time  or  reasonable  notice  shall  be  deemed  to  mean  such  time  only 
as  may  be  necessary  in  the  prompt  execution  of  such  duty,  or 
a compliance  with  such  notice,  and  the  words  “written”  and  “in 
writing”  shall  be  deemed  to  include  printing. 

746.  Mayor  and  acting  mayor,  etc.]  When  any  power  shall 
be  vested  in  or  duty  required  of  the  mayor,  the  same  shall  be 
deemed  to  extend  to  and  embrace,  and  may  be  exercised  by,  the 


550 


GENERAL  ORDINANCES  OF  CITY. 


acting  mayor  also;  and  when  any  power  shall  be  vested  in  or 
duty  required  of  the  superintendent  of  police,  the  same  shall  be 
deemed  to  extend  to  and  include,  and  may  be  exercised  by,  any 
police  officer,  unless  such  construction  would  be  contrary  to  the 
terms  of  the  ordinance  vesting  such  power  or  requiring  such  duty. 

747.  Officers  may  elect  under  which  ordinance,  etc.,  to  pro- 
ceed.] When  any  fine  or  penalty  shall  be  provided  by  different 
ordinances,  or  by  different  sections  or  clauses  of  the  ordinances 
of  the  city,  for  the  same  offense,  the  officer  or  person  prosecuting 
may  elect  under  which  ordinance  or  section  to  proceed;  but  not 
more  than  one  recovery  shall  be  had  against  the  same  person  for 
the  same  offense. 

748.  No  fine  to  exceed  $200.00.]  Whenever  a minimum  but 
no  maximum  fine  or  penalty  is  imposed  by  ordinance,  the  court 
may,  in  its  dicretion,  adjudge  the  offender  or  offenders  to  pay  any 
sum  of  money  over  and  above  the  minimum  fine  or  penalty  so 
fixed,  not  exceeding  the  sum  of  two  hundred  dollars. 

749.  General  terms,  etc.,  to  be  liberally  construed.]  All 

general  provisions,  terms,  phrases  and  expressions,  used  in  this 
or  any  ordinance  hereafter  passed,  shall  be  liberally  construed, 
in  order  that  the  true  intent  and  meaning  of  the  city  council  may 
be  carried  out. 


STEAM  RAILROADS. 


551 


CHAPTER  XXIII. 


RAILROADS. 


Article  I.  Steam  Railroads. 

II.  Gates  at  Crossings. 

III.  Horse  or  Street  Railways. 


Article  I. 

STEAM  RAILROADS. 

750.  Track  shall  conform  to  grade — ditches  and  crossings 
to  be  kept  in  repair — penalty.]  It  shall  he  the  duty  of  all  rail- 
road companies  or  corporations  whose  tracks  now  run  within, 
or  may  hereafter  enter  or  pass  through,  the  corporate  limits 
of  the  city  of  Springfield,  to  raise  or  lower  their  respective 
railroad  tracks  to  conform  to  any  grade  which  is  or  may  be 
established  by  the  city  council  for  any  street,  avenue  or  alley 
upon,  along  or  through  which  said  tracks  may  be  laid  or  run, 
and  where  such  tracks  run  lengthwise  of  any  street,  avenue  or 
alley,  to  keep  the  same  on  a level  with  the  street  or  alley  sur- 
face, so  that  they  may  be  conveniently  crossed  at  any  place 
on  such  street  or  alley;  and  to  make  and  keep  open  and  in  re- 
pair suitable  ditches,  drains,  sewers  and  culverts  along  and 
under  their  respective  railroad  tracks,  so  that  the  natural  drain- 
age of  the  adjacent  property  shall  not  be  impeded;  and  to  con- 
struct and  keep  in  repair  suitable  and  convenient  crossings  at 
the  intersections  of  their  said  tracks  with  any  street,  avenue  or 
alley  in  said  city;  and  to  so  construct  and  lay  down  their  said 
tracks  and  crossings  as  to  interfere  as  little  as  possible  with 
ordinary  travel  over  or  upon  the  streets,  avenues  or  alleys  oc- 
cupied or  used  by  them.  Any  such  railroad  company  or  cor- 
poration failing,  neglecting  or  refusing  to  comply  with  any  of 
the  above  requirements  of  this  section,  within  thirty  days  after 
written  notice  to  do  so,  given  by  the  superintendent  of  streets 
or  city  engineer,  shall  thereafter  be  subject  to  a fine  of  not  less 


GENERAL  ORDINANCES  OF  CITY. 


than  twenty-five  dollars  nor  more  than  two  hundred  dollars;  and 
the  recovery  of  one  fine  shall  be  no  bar  to  future  prosecutions 
for  a like  failure  or  neglect. 

751.  Railroad  company  to  be  notified  to  make  crossing,  etc. 
— penalty.]  Whenever  any  street  crossing,  culvert  or  bridge, 
shall  be  needed  upon  the  line  of  any  railroad  within  said  city, 
or  shall  need  to  be  altered  or  repaired  and  the  same  shall  have 
been  ordered  by  the  city  council,  it  shall  be  the  duty  of  the 
superintendent  of  streets  to  give  to  the  railroad  company  notice, 
in  writing,  of  the  work  to  be  done  and  place  where  required; 
and  every  railroad  company  or  corporation  neglecting  or  refus- 
ing to  construct,  alter  or  repair  any  such  crossing,  culvert  or 
bridge,  within  thirty  days  after  the  service  of  said  notice,  shall 
thereafter  be  subject  to  a fine  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  each  and  every  day  of  such  neglect 
or  refusal. 

752.  R.  R.  Co.  failing  to  construct,  etc.,  the  city  may  con- 
struct, etc. — paving  track,  etc.]  In  the  event  of  any  railroad 
company  or  corporation  failing  or  refusing  to  construct,  alter 
or  repair  any  crossing,  culvert  or  bridge,  when  duly  notified  to 
do  so,  as  provided  in  the  preceding  section  of  this  article,  the 
city  council  may  order  such  crossing,  culvert  or  bridge  to  be 
constructed,  altered  or  repaired  at  the  expense  of  the  city,  and 
such  company  or  corporation  shall  thereupon  be  liable  to  said 
city,  in  an  action  of  debt,  for  the  cost  and  expense  thereof. 

And  when  any  street,  avenue  or  alley  in  said  city,  upon,  along 
or  through  which  any  steam,  horse  or  street  railroad  track  now 
is  or  may  hereafter  be  laid,  operated  or  used,  shall  be  ordered 
paved,  by  ordinance  of  the  city  council,  it  shall  be  the  duty  of 
every  such  railroad  company  or  corporation  to  pave  all  that 
portion  of  said  street  or  alley  included  in  the  space  between 
the  rails  of  its  track  or  tracks,  and  for  one  foot  on  the  outer  edge 
of  said  rails,  in  the  same  manner  as  the  remaining  portions 
thereof  are  paved,  or  in  such  other  manner  and  with  such  other 
materials  as  shall  be  by  ordinance  required;  and  in  case  of  de- 
fault on  the  part  of  any  such  company  or  corporation  to  comply 
with  the  above  requirements  hereof,  the  city  council  of  said  city 
may  cause  such  railroad  track  or  tracks  to  be  taken  up,  and 
said  pavement  to  be  laid  pursuant  to  ordinance;  and  every  such 


STEAM  RAILROADS. 


553 


railroad  company  or  corporation  shall  be  liable  to  the  city  for 
the  cost  and  expense  of  paving  said  portion  or  portions  of  such 
street,  avenue  or  alley  aforesaid,  together  with  lawful  interest 
thereon  from  the  completion  of  the  work;  and  upon  the  failure 
or  refusal  of  such  railroad  company  or  corporation  to  pay  such 
cost  or  assessment,  and  interest,  the  same  may  be  recovered  of 
such  company  or  corporation  by  suit,  in  the  name  of  the  city, 
before  any  court  of  competent  jurisdiction. 

753.  Shall  keep  light  and  flagman  at  crossings — penalty.] 

Whenever  any  railroad  company  or  corporation  shall,  in  pur- 
suance of  a resolution  or  order  of  the  city  council,  be  notified  to 
keep  a conspicuous  light  of  any  kind  at  any  point  on  its  track 
crossed  or  intersected  by  any  street  or  avenue  of  said  city,  or  to 
keep  a watchman  or  flagman  at  any  such  point,  for  the  protec- 
tion of  persons  and  property  against  injury  at  such  crosssing,  it 
shall  be  the  duty  of  such  railroad  company  or  corporation,  at 
its  own  expense,  to  place  and  keep  such  light  as  required ; or  to 
station  and  retain  such  flagman,  whose  duty  it  shall  be  at  all 
times  to  signal  and  warn  persons  traveling  in  the  direction  of  the 
railroad  crossing,  when  there  is  danger  from  the  approach  of  lo- 
comotive engines  or  trains.  Any  railroad  company  or  corpora- 
tion failing  or  refusing  to  comply  with  either  of  the  require- 
ments of  this  section,  after  being  duly  notified  as  aforesaid,  in 
writing,  by  the  street  superintendent,  or  the  superintendent  of 
police,  shall  thereafter  be  liable  to  a fine  of  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars  for  each  offense; 
and  every  day  of  such  failure  or  refusal  to  comply  shall  be  deemed 
a separate  offense. 

754.  Not  to  obstruct  street,  etc.,  more  than  five  minutes, 
except  in  case  of  accident.]  No  railroad  company,  railroad 
engineer,  train  conductor,  or  other  person,  shall  obstruct  or  im- 
pede any  street,  alley,  sidewalk,  crossing,  or  other  thorough- 
fare of  said  city,  by  stopping  any  train  threon,  or  by  leaving  any 
locomotive  engine,  car  or  cars  thereon  for  a longer  time  than 
five  consecutive  minutes,  under  a penalty  of  twenty  dollars  for 
each  offense,  and  a further  penalty  of  ten  dollars  for  each  suc- 
ceeding five  minutes  that  the  obstruction  shall  be  allowed 
continuously  to  remain,  after  the  first  penalty  is  incurred : 
Provided,  that  where  any  such  obstruction  is  the  result  of 


GENERAL  ORDINANCES  OF  CITY. 


554 

some  unavoidable  accident  or  emergency,  beyond  the  control 
of  such  company  or  its  agents,  this  section  shall  not  apply. 

755.  Unnecessary  whistling  of  locomotives.]  No  railroad 

engineer,  fireman  or  other  person,  shall  sound  the  whistle  of  any 
locomotive  engine  within  this  city,  except  necessary  brake  sig- 
nals, and  such  as  may  be  absolutely  necessary  to  avoid  acci- 
dents, under  a penalty  not  exceeding  ten  dollars  for  each  effense. 

756.  Limit  of  speed.]  No  railroad  company,  or  conductor, 
engineer,  or  other  employe  of  such  company,  managing  or  con- 
trolling any  locomotive  engine,  car  or  train,  upon  any  railroad 
track,  shall  run,  or  permit  to  be  run,  within  the  limits  of  said 
city,  any  passenger  train  or  car  at  a greater  rate  of  speed  than 
ten  miles  per  hour,  nor  any  freight  train  or  car  at  a greater  speed 
than  six  miles  per  hour,  under  a penalty,  in  either  case,  of  not 
less  than  twenty  dollars  nor  more  than  one  hundred  dollars. 

757.  Bell  to  be  rung — shall  keep  a light  on  moving  trains — 
penalty.]  The  bell  of  each  locomotive  engine  shall  be  rung 
continually,  while  running  upon  any  railroad  track  within  said 
city;  and  every  locomotive  engine,  car  or  train  of  cars,  run- 
ning in  the  night  time  on  any  railroad  track  in  the  city,  shall 
have  and  keep  a bright  and  conspicuous  light  at  the  forward 
end  of  such  locomotive  engine,  car  or  train  of  cars.  If  such 
engine  or  train  be  backing,  it  shall  have  a conspicuous  light  at 
the  rear  of  the  engine  or  train,  so  as  to  show  the  direction 
in  which  the  same  is  moving.  Any  railroad  company  or  cor- 
poration, or  any  agent  or  employe  of  such  company  or  corpora- 
tion, who  shall  violate  or  fail  to  observe  any  of  the  require- 
ments of  this  section,  shall  incur  a penalty  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

758.  Shall  not  open  cylinder  cocks — provided,  etc.]  No 

railroad  company  or  corporation  shall  cause  or  permit  the  cylin- 
der cock  or  cocks  of  any  of  their  several  locomotive  engines  to 
be  opened,  so  as  to  allow  steam  to  escape  therefrom,  at  any  time 
while  running  upon  or  along  any  railroad  track  in  any  street 
or  avenue,  or  when  the  engine  is  in  immediate  proximity  to 
any  street  or  railroad  crossing,  within  said  city,  under  a 
penalty  of  ten  dollars  for  each  offense : Provided that  when 

such  engine  shall  be  standing  at  any  such  point  or  crossing  in 


GATES  AT  RAILWAY  CROSSINGS. 


555 


the  city,  and  for  three  revolutions  of  the  driving  wheel  after 
being  put  in  motion,  the  said  cylinder  cocks  may  be  opened  for 
the  purpose  of  allowing  condensed  steam  to  escape. 

Article  IT. 

GATES  AT  RAILWAY  CROSSINGS. 

759.  Safety  gates — where  to  be  erected.]  The  railroad  com- 
panies owning,  using,  leasing  or  operating  railroad  tracks  along 
or  upon  Third  street,  at  its  crossings  with  Monroe  street  and 
Washington  street,  and  along  or  upon  Fifth  street  at  its  inter- 
section with  Rafter  street;  also  along  or  upon  Tenth  street  at 
its  crossings  with  Cook  street  and  Washington  street;  also  along 
or  upon  Madison  street  at  its  crossings  with  First  street,  Sec- 
ond street,  Fifth  street  and  Ninth  street,  shall  erect,  construct 
and  maintain,  at  its  own  expense,  upon  each  side  of  the  rail- 
road track  owned,  used,  leased  or  operated  by  Them,  at  either 
of  the  above  mentioned  street  crossings,  safety  gates  that  will 
intercept  travel  across  the  track  until  raised  or  opened. 

760.  Watchman  to  be  in  charge  of  gates.]  It  shall  be  the 
duty  of  any  railroad  company  owning,  using,  operating  or  leas- 
ing the  railroad  tracks  at  such  crossings  to  have  on  duty,  in  charge 
of  said  gates,  a competent  person,  wrho  shall,  upon  the  approach 
of  any  car, ' locomotive  or  train  to  the  street  crossing,  lower  or 
close  the  gate,  and  keep  the  same  lowered  or  closed  until  the 
car,  locomotive  or  train  is  passed,  and  said  gate-tender  shall, 
by  means  of  a flag  in  the  daytime  and  a colored  light  at  night, 
warn  all  teams  or  vehicles,  of  any  nature,  of  the  approach  of  any 
car,  locomotive  or  train  approaching  in  the  direction  of  said 
crossing  on  the  line  of  said  railroad. 

761.  Penalty  for  neglect,  refusal  or  violation.]  For  every 
violation  of  any  of  the  provisions  of  the  foregoing  sections,  the 
corporation  or  corporations,  person  or  persons  violating  the  same, 
shall  be  subject  to  a fine  of  not  less  than  ten  dollars  nor  more 
than  two  hundred  dollars,  to  be  recovered  in  any  court  of  com- 
petent jurisdiction,  and  each  three  days  said  railroad  com- 
panies fail,  neglect  or  refuse  to  comply  with  the  provisions  of 
this  ordinance,  shall  be  held  and  taken  to  be  a separate  offense. 


GENERAL  ORDINANCES  OF  CITY. 


556 


762.  Arc  lights  at  crossings.]  The  city  council  may  place 
or  cause  to  be  placed,  arc  lights  of  two  thousand  nominal  candle 
power  at  the  following  places  on  its  streets  and  avenues,  where 
the  same  are  crossed  by  railroad  tracks  entering  the  city  of 
Springfield,  as  follows : 

Tenth  and  Cook  streets,  Tenth  and  Edwards  streets,  Tenth 
and  J ackson  streets,  Tenth  and  Capitol  avenue,  Tenth  and  Mon- 
roe, Tenth  and  Adams,  Tenth  and  Washington,  Tenth  and  Enos 
avenue,  Tenth  and  Jefferson,  Tenth  and  South  Grand  avenue, 
Tenth  and  Carpenter,  Tenth  and  Miller,  Fifteenth  and  Madison, 
Twelfth  and  Madison,  Ninth  and  Madison,  Seventh  and  Madi- 
son, Sixth  and  Madison,  Fifth  and  Madison,  Fourth  and  Madi- 
son, Second  and  Madison,  Third  and  Madison,  First  and  Madi- 
son, Rutledge  and  Madison  streets,  Eighth  street  and  C.  & A. 
crossing,  Fourth  street  and  C.  & A.  crossing,  Carpenter  and 
Third  streets,  Fifth  and  C.  & A.  crossing,  Union  and  Third 
streets,  Sixth  street  and  C.  & A.  crossing,  Jefferson  and  Third 
streets,  Washington  and  Third  streets,  Adams  and  Third  streets, 
Monroe  and  Third  streets,  Jackson  and  Third  streets,  Cook 
and  Third  streets,  Douglas  and  Third  streets,  Scarritt  and  Third 
streets,  South  Grand  avenue  and  Third  street. 

763.  To  pay  cost  of  maintaining  quarterly.]  From  and 
after  October  1st,  1895,  the  owner  or  owners  of  each  line  of 
railroad  crossing  said  streets  or  avenues  at  any  of  said  points 
shall  pay  the  treasurer  of  the  city  of  Springfield  the  cost  of 
maintaining  the  same,  payment  to  be  made  quarterly. 

764.  Or  keep  flagman  at  crossings.]  Any  railroad  company 
or  corporation  that  shall  fail  or  refuse  to  make  such  payments 
for  a period  of  sixty  days  shall,  at  the  request  of  the  city  coun- 
cil of  the  city  of  Springfield,  evidenced  by  a certified  copy  of  a 
resolution  to  that  effect,  being  served  on  the  nearest  agent  of  such 
railroad  company  or  corporation,  within  ten  days  after  the 
service  of  such  request,  keep  a wntchman  or  flagman  at  any  such 
points  for  the  protection  of  persons  or  property  against  injury 
at  such  crossings,  both  day  and  night,  which  watchman  or  flag- 
man shall  at  all  times  signal  and  warn  persons  traveling  in  the 
direction  of  the  railroad  crossing  when  there  is  danger  of  ap- 
proach of  a locomotive  engine  or  trains. 


HORSE  OR  STREET  RAILROADS. 


557 


765.  Penalty  for  neglect  or  refusal.]  Any  railroad  company 
or  corporation  failing  or  refusing  to  comply  with  the  require- 
ments of  this  section,  after  being  duly  notified  as  aforesaid, 
in  writing,  by  the  superintendent  of  streets  or  superintendent 
of  police,  shall  thereafter  be  liable  to  a fine  of  not  less  than 
twenty-five  dollars,  nor  more  than  one  hundred  dollars  for  each 
and  every  offense,  and  every  day  of  such  failure  or  refusal  to 
comply  shall  be  deemed  a separate  offense. 

766.  Arc  lights  at  other  crossings.]  The  Baltimore  and 
Ohio  Railroad  Company  and  the  Illinois  Central  Railroad 
Company  shall  place  and  maintain  at  their  own  expense,  on  or 
near  their  crossings  at  the  intersection  of  East  Grand  avenue 
and  Washington  street,  an  arc  light  of  2,000  candle  power. 
Said  arc  light  to  be  lighted  during  each  night  in  the  year  from 
sunset  to  sunrise. 

The  Baltimore  and  Ohio  Railroad  Company  and  the  Illinois 
Central  Railroad  Company  shall  place  and  maintain  at  their 
own  expense,  an  arc  light  of  2,000  candle  power,  on  or  near  their 
.crossing  at  the  intersection  of  Fourteenth  street  and  Madison 
street.  Said  arc  light  to  be  lighted  during  each  night  of  the 
year  from  sunset  to  sunrise. 

The  Wabash  Railroad  Company  shall  place  and  maintain  at 
its  own  expense  an  arc  light  at  or  near  its  crossing  on  Enter- 
prise street  between  Tenth  street  and  Eleventh  street. 

767.  Notice — penalty  for  neglect  or  refusal.]  The  super- 
intendent of  streets  shall  notify  said  railroad  companies  to  place 
and  maintain  said  lights  as  above  specified,  and  said  notice  shall 
be  in  writing.  Every  railroad  company  herein  named  neglect- 
ing, failing,  or  refusing  to  place  and  maintain  said  lights  in 
accordance  with  the  provisions  of  this  ordinance,  within  thirty 
days  after  the  service  of  said  notice,  shall  thereafter  be  subject 
to  a fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars 
for  each  and  every  day  of  such  neglect  or  refusal. 

Article  III. 

HORSE  OR  STREET  RAILROADS. 

768.  Not  to  be  located  without  consent  of  city,  etc.]  It 

shall  be  unlawful  for  any  company  or  person  to  locate,  con- 


GENERAL  ORDINANCES  OF  CITY. 


558 

struct  or  use  any  track  for  any  horse  or  street  railroad,  or  tram- 
way, in,  upon  or  along  any  street,  avenue  or  alley  of  the  city  of 
Springfield,  without  obtaining  the  permission,  authority  and 
consent  of  the  city  council  of  said  city,  and  except  upon  a peti- 
tion of  the  owners  of  the  land  representing  more  than  one-half 
of  the  frontage  on  such  street  or  avenue,  or  so  much  thereof  as 
is  sought  to  be  used  for  horse  railroad  purposes,  as  provided 
by  law. 

769.  Tracks  to  conform  to  grade  and  to  be  paved  or  planked 
— penalty.]  Every  company  or  corporation  now  operating,  or 
that  may  hereafter  operate  or  maintain,  any  horse  or  street  rail- 
way in,  upon  or  through  any  street,  avenue  or  thoroughfare 
within  said  city,  shall  keep  its  railroad  tracks  even  with  the 
grade  of  the  street,  avenue  or  highway  along  and  through  which 
the  same  may  pass,  and  not  elevated  above  the  surface  thereof, 
so  that  the  free  flow  of  water  in  the  lateral  and  cross-gutters 
shall  not  be  impeded  or  obstructed  thereby;  and  shall  at  all 
times  keep  in  good  repair  such  portions  of  any  street,  avenue  or 
thoroughfare  as  may  be  used  by  such  company  or  corporation; 
and  shall  keep  the  spaces  between  the  rails  of  its  tracks,  and 
for  one  foot  on  the  outer  edge  of  the  rails,  solidly  planked  or 
paved,  so  as  not  to  obstruct  or  interfere  with  the  ordinary  travel 
of  teams  and  vehicles  upon  or  through  any  such  street,  avenue 
or  thoroughfare.  Any  horse  or  street  railway  company  neg- 
lecting or  refusing  to  observe  or  comply  with  any  of  the  fore- 
going provisions  of  this  section  within  ten  days,  after  being 
thereto  notified,  in  writing,  by  the  street  superintendent,  or  the 
superintendent  of  police,  shall  thereafter  be  subject  to  a fine 
of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars 
for  every  day  of  such  neglect  or  refusal. 

770.  Track  to  be  paved  with  brick  between  the  rails — out- 

side of  rails  to  be  paved  with  same  kind  of  material  used  on  the 
street.]  That  in  the  laying  or  re-laying  of  street  railways  on 
the  paved  streets  of  this  city,  the  paving  within  the  rails  shall 
be  paved  with  brick,  wherever  the  streets  of  the  city  are  now 
paved  or  may  hereafter  be  paved:  Provided , that  the  material 

to  be  used  in  paving  the  space  on  the  outside  of  the  rails,  shall 
be  the  same  kind  used  or  to  be  used  on  the  streets  on  which  the 
tracks  are  now  laid  or  may  hereafter  be  laid,  said  paving  to  be 


HORSE  OR  STREET  RAILROADS. 


559 


done  under  the  direction  of  the  mayor  and  superintendent  of 
streets.  [Passed  October  30,  1890. 

771.  What  kind  of  rail  to  be  used.]  No  rails  shall  be  here- 
after laid  upon  any  horse  or  street  railroad  track  on  streets  or 
avenues  now  paved,  or  which  may  hereafter  be  paved  within  the 
city  of  Springfield,  except  the  tram  rail,  unless  by  permission 
of  the  city  council  granted  by  ordinance,  and  all  rails  shall  be 
so  laid  that  the  upper  part  thereof  shall  not  be  above  the  sur- 
face of  the  improved  or  paved  street,  and  the  whole  manner  of 
constructing  and  laying  such  railroad  tracks  shall  be  under  the 
supervision  of  the  mayor  and  street  superintendent.  [As 
amended  October  21,  1890. 

772.  Company  to  pay  $2.50  per  year  for  each  car — penalty.] 

It  shall  be  the  duty  of  every  person,  company  or  corporation, 
engaged  in  the  business  of  operating  and  running  street  cars  for 
the  conveyance  of  passengers  upon  any  line  of  horse  or  street 
railway  within  the  city  of  Springfield,  on  the  first  day  of  Jan- 
uary in  each  year,  to  apply  for  and  obtain  from  said  city  a li- 
cense therefor,  for  which  license  every  such  person,  company  or 
corporation  shall,  at  the  time  of  making  the  application,  pay 
into  the  city  treasury  the  sum  of  two  and  one-half  ($2.5-0)  dol- 
lars for  each  car  operated  and  run,  or  proposed  to  be  operated  and 
run,  by  such  person,  company  or  corporation  during  the  year. 
Any  person,  company  or  corporation  engaged  in  the  occupation 
aforesaid,  failing  or  refusing  to  take  out  a license  therefor  as 
above  required,  shall  be  subject  to  a fine  of  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars  and  every  day  of  such 
failure  or  refusal  to  obtain  such  license  shall  be  deemed  a sepa- 
rate offense  and  violation  of  this  section. 

773.  Street  cars  to  have  the  right  to  their  tracks,  etc.]  All 

horse  or  street  railway  cars,  licensed  as  aforesaid,  shall  have 
the  right  to  their  tracks  as  against  any  person,  team,  vehicle 
or  incumbrance,  put,  driven  or  being  thereon  with  a view  to  de- 
lay or  embarrass  the  progress  of  the  cars;  and  no  person  shall 
obstruct  the  said  tracks,  or  obstruct  or  prevent  the  cars  from 
running  or  progressing  thereon,  by  placing,  driving  or  stopping, 
or  causing  to  be  driven  at  a slow  pace  or  stopped,  any  vehicle 
or  other  obstacle  upon,  across,  along  or  near  any  of  said  tracks. 


5 GO 


GENERAL  ORDINANCES  OF  CITY. 


in  the  way  of  any  car,  if  there  shall  be  space  or  opportunity  to 
turn  off,  after  being  notified  by  the  ringing  of  the  car  bell  to 
clear  the  track,  under  a penalty  to  the  person  offending  of  not 
less  than  three  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 

774.  Shall  stop  at  further  side -of  street.]  All  street  cars 

stopping  at  the  intersection  or  crossing  of  any  st-reet  or  avenue, 
within  said  city,  shall  stop  with  the  rear  platform  of  the  car 
at  the  further  side  or  walk  thereof,  so  that  the  cars,  when  stopped, 
shall  not  interfere  with  the  travel  on  such  street  or  avenue;  and, 
subject  to  the  above  proviso  of  this  section,  said  cars  shall  stop 
to  receive  or  discharge  passengers  whenever  they  are  desired  to 
do  so.  Any  horse  or  street  railway  company,  or  any  conductor 
or  driver  of  any  street  car,  who  shall  violate,  or  fail  or  refuse 
to  comply  with  any  proviso  of  this  section,  shall,  on  conviction, 
be  fined  not  less  than  five  dollars  nor  more  than  twenty-five 
dollars  for  each  offense. 

775.  Cars  to  run  at  all  reasonable  hours  and  to  be  numbered 
and  lettered.]  It  shall  be  the  duty  of  all  street  railway  com- 
panies or  corporations,  doing  business  within  this  city,  to  oper- 
ate and  run  their  cars  at  all  reasonable  hours  of  the  day  and 
night,  for  the  accommodation  of  the  public;  and  all  such  cars 
shall  be  distinctly  numbered,  both  inside  and  outside,  by  the 
companies  owning  or  operating  the  same,  and  appropriately  let- 
tered, to  indicate  the  streets  or  routes  over  which  they  may  run. 

776.  Head  lights  on  cars.]  Every  firm  or  corporation  opera- 
ting street  railroads  in  the  city  shall  provide  every  car  running 
in  the  night  time  with  a brilliant  and  conspicuous  light,  which 
light  shall  at  dusk  be  placed  on  the  front  or  forward  end  of 
the  cars  in  such  manner  as  to  render  them  conspicuous  to  pub- 
lic travel.  Any  firm  or  corporation,  or  employe  of  such  firm 
or  corporation,  who  shall  violate  this  section  shall  be  subject 
to  a fine  of  not  less  than  ten  dollars  npr  more  than  one  hun- 
dred dollars  for  each  and  every  offense. 


SEWERS  AND  DRAINS. 


561 


CHAPTER  XXIV. 

SEWERS,  DRAINS,  GAS  AND  WATER  PIPES. 

Article  I.  Sewers  and  Drains. 

II.  Gas  and  Water  Pipes. 

Article  I. 

SEWERS  AND  DRAINS. 

777.  Sewers — how  to  be  constructed.]  All  sewers  ordered 

and  provided  for  by  the  cit}^  council  of  the  city  of  Springfield, 
shall  be  constructed  of  such  form  and  dimensions,  and  with 
materials  of  the  best  quality,  laid  in  such  manner  and  of  such 
thickness,  and  to  such. grade  and  depth  as  may  be  prescribed 
by  the  city  engineer,  or  by  ordinance.  All  such  sewers  shall  be 
laid  to  such  depth  below  the  grade  of  the  street  or  avenue,  as 
will  effectually  drain  such  lateral  sewers  as  may  be  conducted 
into  the  same,  and  the  cellars  and  grounds  of  the  lowest  part 
of  the  district  in  which  they  may  be  located ; and  suitable  wells, 
man-holes,  vents  and  inlets,  properly  secured  with  coping  stones, 
iron  grates  or  plate  covers,  shall  be  constructed,  where  neces- 
sary at  proper  distances:  Provided , that  when  a new  sewer  is 

being  constructed,  the  mayor  shall  appoint  a competent  and  prac- 
tical brick  mason  whose  special  duty  it  shall  be  to  superintend 
said  construction  under  the  direction  of  the  city  engineer  and 
superintendent  of  streets.  [As  amended  June  5,  1895. 

778.  Permit  to  tap  sewer — how  granted — certificate  of 
superintendent.]  All  persons  desiring  to  tap  and  make  con- 
nection with  any  sewer  in  the  city,  shall  obtain  a permit  from 
the  city  engineer  for  which  they  shall  pay  to  the  city  engineer 
the  sum  of  three  dollars,  and  the  city  engineer  shall,  after  the 
applicant  has  made  the  proper  excavation,  tap  the  sewer  and 
complete  the  connection  and  return  the  permit  with  his  certifi- 
cate that  the  connection  has  been  made  in  a thorough  and  work- 


GENERAL  ORDINANCES  OF  CITY. 


562 

manlike  manner,  and  accompany  it  with  a report  of  accurate 
measurements  locating  the  connection  by  its  distance  from  the 
nearest  street  corner,  or  some  fixed  or  permanent  point  so  as 
to  definitely  locate  said  connection. 

779.  City  engineer — shall  report — when.]  The  city  engi- 

neer shall,  on  the  first  of  each  month,  report  in  writing,  to  the 
council,  the  fees  received,  with  the  amount. 

780.  Sewers  to  be  built  with  reference  to  future  connec- 
tions.] If  any  sewer  ordered  as  aforesaid,  will  probably  re- 
quire to  be  extended  or  be  connected  with  lateral  sewers  leading 
thereinto,  it  shall  be  built  with  reference  to  such  extension  or 
lateral  sewers,  and  suitable  openings  shall  be  left  in  the  sides 
of  such  sewers  at  and  under  the  intersections  of  the  streets  and 
avenues  crossing  the  same,  to  admit  of  the  proper  connections 
with  such  lateral  sewers  as  may  thereafter  be  constructed  in  such 
cross  streets  or  avenues.  Such  openings  shall  be  sustained  by 
a brick  arch  or  ring,  and  the  spaces  filled  in  with  brick,  so  laid 
as  to  be  capable  of  removal  without  injuring  the  sewer  or  arch. 

781.  Inlets,  etc.,  how  to  he  made.]  For  the  purpose  of 
carrying  off  the  surface  drainage,  suitable  grated  openings  or 
inlets  shall  be  made  at  proper  distances  at  or  near  the  intersec- 
tions of  the  curbs  of  the  sidewalks  along  the  streets  or  alleys. 
Such  openings,  where  the  streets  or  alleys  are  paved,  shall  be 
let  into  the  curb  of  the  sidewalk  at  least  twelve  feet  from  the 
intersections  of  such  sidewalks  with  the  corners  of  the  streets 
or  alleys,  so  as  to  prevent  the  foot  crossings  from  becoming 
flooded ; and  they  shall  be  securely  connected  with  pipes  or  lateral 
drains  of  such  dimensions  and  construction,  and  laid  with  such 
descent  or  grade,  as  will  effectually  carry  all  the  surface  water 
into  the  sewers. 

782.  To  be  laid  in  center  of  street.]  All  sewers  that  may 
hereafter  be  constructed  in  any  street  or  avenue  within  said 
city,  shall  be  laid  on  and  along  the  center  line  thereof. 

783.  Lateral  sewers.]  The  drainage  of  all  private  prop- 
erty into  the  public  sewer  or  sewers,  built  by  the  city,  shall  be 
effected  by  lateral  sewers  of  brick,  substantially  constructed,  or 
by  suitable  pipes  of  iron  or  clay  tiling;  and  all  lateral  sewers, 
at  their  intersection  with  the  main  sewer,  shall,  if  necessary,  be 


SEWERS  AND  DRAINS. 


563 

curved  toward  the  lower  end  of  the  latter,  so  as  to  lessen  the 
obstruction  of  the  current  in  the  main  sewer  by  the  influx  from 
the  lateral  sewers. 

784.  Map  of  sewerage  districts.]  It  shall  be  the  duty  of 
the  city  engineer  to  keep  in  his  office  a map,  or  maps,  upon  which 
shall  he  platted  and  shown  the  sewerage  districts  of  said  city, 
with  the  location  of  the  different  sewers  therein  and  their  di- 
mensions, openings,  inlets  and  connections. 

785.  Private  drain  without  consent — penalty.]  Any  per- 

son constructing  or  causing  to  be  constructed  any  private  drain 
or  sewer  leading  into  any  sewer  built,  owned  or  controlled  by 
the  city,  without  the  written  consent  of  the  city  engineer,  as  is 
elsewhere  provided  in  this  ordinance,  or  in  any  other  manner 
than  is  authorized  by  ordinance,  shall  be  liable  to  a fine  of  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars  for 
each  offense,  and  shall  also  be  liable  to  the  city  for  all  injuries 
or  damages  to  any  public  sewer  which  may  result  from  the 
building  or  connecting  with  such  unauthorized  private  drain 
or  sewer. 

786.  Not  to  be  used  for  steam.]  No  connection  with  or 
opening  into,  any  public  sewer  or  drain  shall  be  used  for  the 
conveyance  of  steam  from  any  steam  boiler  or  engine,  or  from 
any  manufactory  in  which  steam  is  generated  or  used,  under  a 
penalty  of  twenty-five  dollars  for, each  offense,  and  a like  addi- 
tional penalty  for  every  repetition  of  the  same. 

787.  Garbage,  etc. — penalty.]  No  garbage,  butcher’s  offal, 
dead  animal,  or  any  other  obstruction,  shall  be  deposited  or 
thrown  into  an}?-  sewer,  sewer  inlet  or  catch-basin,  under  a penalty 
to  the  offender  of  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense. 

788.  Injury  to  sewer,  etc. — penalty.]  Whoever  shall, 
within  said  city,  break,  deface,  injure  or  remove  any  cap  or 
coping-stone,  or  grate,  belonging  to  any  catch-basin,  man-hole, 
vent,  or  inlet  of  any  sewer,  or  shall  in  any  way  obstruct  or  in- 
jure the  mouth  thereof,  shall,  for  each  offense,  be  subject  to  a 
penalty  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

789.  Natural  drain,  obstructing,  etc. — penalty.]  No  per- 
son shall  obstruct,  fill  up,  or  change  any  branch  or  natural  drain 


GENERAL  ORDINANCES  OF  CITY. 


5G4 


within  the  city,  without  first  obtaining  the  permission  and  con- 
sent of  the  city  council,  under  a penalty  of  not  less  than  ten 
dollars  nor  exceeding  one  hundred  dollars,  and  a further  penalty 
of  ten  dollars  for  every  day  such  person  shall  continue  such  ob- 
struction or  change,  after  being  notified  to  remedy  the  same  by 
the  city  engineer  or  superintendent  of  streets. 

790.  Natural  drain — how  to  be  changed,  etc.]  The  city 

engineer  shall,  when  required  by  the  city  council,  survey  and 
make  out  a plat  of  any  branch  or  natural  drain,  and  report  the 
same,  together  with  his  plan  for  changing,  straightening  or 
sewering  such  branch  or  drain,  to  the  city  council,  and  when 
such  plan  shall  have  been  approved  by  said  council,  all  filling, 
changing,  straightening  or  sewering  of  such  branch  or  natural 
drain  shall  be  done  in  accordance  therewith ; and  all  changing  or 
straightening  of  the  channels  of  such  branches  or  natural  drains 
shall  be  made  with  reference  to  sewering  the  same. 

791.  Sewers  outside  of  city  not  to  be  connected  with  city 

sewers  unless,  etc.]  No  person,  company  or  corporation,  shall 
hereafter  be  permitted  or  allowed  to  in  any  way  connect  any 
sewer  or  drain,  built  or  laid  without  the  limits  of  the  city  of 
Springfield,  with  any  sewer  or  system  of  sewerage  within  said 
city;  nor  shall  any  owmer  of  property  without  the  city  limits, 
not  heretofore  granted  the  privilege,  use  or  have  the  benefit  of 
any  sewer  within  said  city,  except  upon  written  application  in 
each  case,  and  by  a vote  of  two-thirds  of  all  the  aldermen  au- 
thorized to  be  elected  to  the  city  council;  and  it  is  hereby  made 
the  duty  of  the  mayor  to  strictly  enforce,  or  cause  to  be  en- 
forced the  provisions  of  this  section:  Provided,  that  nothing 

herein  contained  shall  be  construed  to  prevent  the  city  from 
contracting  or  agreeing  with  any  adjacent  incorporated  village 
or  town  for  the  joint  construction  or  use  of  any  public  sewer  or 
drain,  as  provided  by  law. 

Article  IT. 

GAS  AND  WATER  PIPES. 

792.  Gas  pipes,  where  to  he  laid — water  pipes,  where  to  be 
laid — penalty.]  All  gas  pipes  hereafter  laid  in  and  along  any 
of  the  streets  or  avenues  of  the  city  of  Springfield,  running 


GAS  AND  WATER  PIPES. 


565 


north  and  south,  shall  be  laid  at  least  ten  feet  west  of  the  center 
line  thereof;  and  on  streets  or  avenues  running  east  and  west, 
at  least  ten  feet  north  of  the  center  line  of  said  streets  or  avenues. 
All  water  pipes  hereafter  laid  in  and  along  the  streets  or  avenues 
of  said  city,  running  north  and  south,  shall  be  laid  at  least 
ten  feet  east  of  the  center  line  thereof;  and  on  all  streets  or 
avenues  running  east  and  west,  at  least  ten  feet  south  of  the  cen- 
ter line  of  said  streets  or  avenues.  Any  person,  company  or 
corporation  violating  or  failing  to  comply  with  any  of  the  pro- 
visions of  this  section  (except  in  case  where  such  compliance 
shall  be  found  impracticable),  shall  be  subject  to  a fine  of  not 
less  than  twenty-five  dollars  nor  more  than  two  hundred  dol- 
lars for  each  offense;  and  it  shall  be  the  duty  of  the  mayor  to 
stop  the  laying  of  any  such  pipes,  until  such  person,  company  or 
corporation  shall  agree  to  lay  the  same  conformably  to  the  re- 
quirements hereof. 

793.  Gas  or  water  pipes  to  be  relaid — when.]  All  gas  or 

water  pipes  heretofore  laid  in  and  along  any  of  the  streets  or 
avenues  aforesaid,  and  not  in  conformity  with  the  provisions 
of  the  last  preceding  section  of  this  article,  shall,  whenever  it 
becomes  necessary  to  relay  the  same,  or  to  put  down  new  ones, 
be  so  laid  as  to  conform  to  the  requirements  of  said  section. 

794.  No  greater  charge  for  extra  pipe,  etc.]  No  higher 
or  greater  charge  shall  be  made  against  consumers  of  either  gas 
or  water,  for  extra  pipe,  on  account  of  the  side  of  the  street  on 
which  any  consumer  may  be  located;  but,  in  the  estimate  and 
charge  for  pipe,  the  center  line  of  the  street  shall  be  taken  for 
both  sides. 

795.  Excavations  in  streets,  etc.,  to  be  filled  up — penalty.] 

All  excavations  in  the  streets,  avenues,  alleys  or  sidewalks  of 
said  city,  made  by  any  person  or  persons  for  the  purpose  of  con- 
necting any  private  drain  or  sewer  with  any  public  sewer,  or 
for  the  purpose  of  laying,  connecting  or  tapping  any  gas  or 
water  pipes,  shall,  immediately  upon  the  completion  thereof, 
be  filled  up,  and  the  dirt  thoroughly  tamped  or  puddled  till  all 
the  earth  taken  out  shall  have  been  replaced,  and  the  same  be 
left  in  a good,  and  passable  condition;  and  such  excavation  shall 
be  repaired,  from  time  to  time,  till  the  earth  is  fully  settled, 


GENERAL  ORDINANCES  OF  CITY. 


506 


and  the  surface  conforms  to  the  proper  level  of  the  street, 
avenue,  alley  or  sidewalk.  Whoever  shall  violate,  or  shall  neg- 
lect or  refuse  to  comply  with  any  of  the  above  requirements  of 
this  section,  shall,  upon  conviction,  be  fined  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars  for  each  offense,  and 
shall  also  be  liable  for  whatever  cost  and  expense  the  city  may 
incur  in  the  proper  filling  and  leveling  of  such  excavation,  and 
for  ail  damages  resulting  to  private  persons  from  such  imper- 
fect filling. 

796.  Permit  for  connections  with  steam  mains.]  It  shall 

be  the  duty  of  all  plumbers  or  steam  fitters  before  making  con- 
nections with  the  steam  mains  or  service  pipes,  to  first  obtain 
a permit  or  consent  in  writing  from  the  proprietors  or  some  of- 
ficer of  the  company  or  person  owning  or  operating  the  street 
steam  service,  to  make  such  connection. 

797.  To  prevent  escape  of  steam  into  sewers.]  Before  an 
installation  of  steam  radiation  is  completed  it  shall  be  the  duty 
of  the  plumber  or  steam  fitter  to  see  that  a cooling  coil  or  water 
radiator  is  put  in  of  sufficient  capacity  to  prevent  the  escape 
of  steam  or  hot  water  into  the  sewers. 

798.  Plumber  to  make  report.]  Before  the  completion  of 
such  connections,  it  shall  be  the  duty  of  the  plumber  or  steam 
fitter  making  the  connection,  to  report  upon  blanks  furnished 
by  the  company  or  person  owning  or  operating  the  street  steam 
service,  the  number  of  feet  of  direct  and  indirect  radiation 
installed  in  the  premises,  also  the  amount  of  surface  in  the 
cooling  coil  or  water  radiator,  and  for  whom  such  service  is  ren- 
dered. 

799.  Discharge  pipes  in  sewers.  ] The  return  or  waste  pipes 
from  all  radiators  or  coil  shall  be  connected  to  a steam  trap 
which  shall  be  placed  between  the  radiators  or  coils  and  the  cool- 
ing coils,  and  of  sufficient  capacity,  and  so  arranged  that  the 
hot  water  will  enter  the  top  of  the  coil,  and  discharge  to  be 
taken  from  the  bottom  of  the  coil,  and  extended  up  above  the  top 
of  the  coil,  at  which  point  a discharge  pipe  shall  be  connected 
with  the  sewer. 

800.  Foregoing  sections  to  govern  change  in  radiation.] 

Any  change  in  the  surface  radiation,  either  to  increase  or  di- 


GAS  AND  WATER  PIPES. 


567 

minish  the  number  of  feet  of  such  radiation,  must  be  governed 
by  the  requirements  laid  down  in  the  foregoing  sections. 

801.  Penalty  for  violation.]  Any  person  or  persons  violat- 
ing any,  or  all  the  provisions  of  this  ordinance  shall  be  liable 
to  a fine  of  not  less  than  three  dollars  and  not  more  than  fifty 
dollars,  and  costs  of  suit  for  each  and  every  offense,  and  each 
and  every  day  of  neglect  to  comply  with  the  provisions  of  this 
ordinance  shall  constitute  a separate  offense,  such  fine  and  costs 
to  be  levied  and  collected  in  the  same  manner  as  other  fines  and 
costs  are  levied  and  collected  for  a violation  of  any  city  ordi- 
nance. [Passed  January  6,  1896. 


568 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  XXV. 

SIDEWALKS. 

Article  I.  Width,  Grade,  Construction,  Etc.,  of  Sidewalks. 

II.  Special  Provisions  in  Relation  to. 

III.  In  Regard  to  Curbstones. 

Article  I. 

WIDTH,  GRADE,  CONSTRUCTION,  ETC.,  OF  SIDEWALKS. 

802.  Width  of.]  On  all  streets  or  avenues,  within  the  city 

of  Springfield,  of  sixty-four  feet  and  upward  in  width,  side- 
walks may  be  laid  twelve  feet  wide;  on  streets  or  avenues  less 
than  sixty-four  and  over  fifty  feet  in  width,  ten  feet  wide;  on 
streets  between  fifty  and  forty  feet  in  width,  eight  feet  wide; 
and  on  streets  forty  feet  or  less  in  width,  six  feet  wide : Pro- 

vided, that  on  improved  or  paved  streets  (except  Third  street) 
in  the  parts  thereof  devoted  to  business,  sidewalks  may  be  laid 
from  sixteen  to  twenty  feet  in  width,  according  to  the  varying 
width  of  the  street  and  street  pavement. 

803.  Sidewalk  area  on  unpaved  streets — width  of.]  One- 
fifth  of  the  total  width  of  each  and  every  unpaved  street  in  the 
city  shall  be  retained  and  reserved  on  each  side  of  the  street 
as  sidewalk  area  and  the  remaining  three-fifths  only  shall  be 
worked  and  graded  by  the  city.  [As  passed  October  3,  1887. 

804.  Grade.]  The  city  council  shall  establish  the  grades 
for  all  sidewalks,  and  the  same  shall  conform,  as  nearly  as  may 
be,  to  the  grades  of  their  respective  streets.  Where  no  perma- 
nent grade  is  established,  the  city  engineer  may  give  a tempo- 
rary grade;  and  he  shall,  when  requested  by  any  person  desir- 
ing to  build  a sidewalk,  stake  out  the  grade  thereof  without 
charge  to  such  person. 

805.  Not  to  be  laid  contrary  to  grade.]  No  person  shall 
construct  or  lay,  or  cause  to  be  constructed  or  laid,  any  sidewalk 
where  no  grade  has  been  established  by  the  city  council,  with- 


SIDEWALKS. 


5G9 


out  having  first  obtained  a grade  therefor  from  the  city  engineer, 
or  contrary  to  any  grade  given  by  said  engineer;  nor  shall  con- 
struct or  cause  to  be  constructed  any  sidewalk  contrary  to  any 
grade  which  may  have  been  or  may  hereafter  be  established  by 
the  city  council,  under  a penalty  of  five  dollars  for  each  offense, 
and  a further  penalty  of  one  dollar  for  each  day  that  he  shall 
fail  to  make  his  sidewalk  conform  to  the  proper  grade,  after 
five  days’  written  notice  to  do  So,  by  the  street  superintendent. 

806.  Material  and  width.]  .All  sidewalks  on  all  streets  and 
avenues  within  the  city  of  Springfield  shall  be  built  of  flag- 
stone, brick  or  concrete;  and  no  sidewalk  shall  be  laid  less  than 
four  feet  in  width.  [Passed  July  19,  1897. 

807.  Incline — curbing.]  All  sidewalks  shall  be  so  con- 
structed as  to  have  an  incline,  toward  the  gutter  of  the  street, 
of  one  inch  in  each  two  feet,  and  along  the  outward  boundary 
thereof  may  be  set  a curbing  of  not  less  than  two  and  one-half 
inch  oak  plank,  well  spiked  or  bolted  to  four-by- six-inch  oak  posts, 
set  in  the  ground  to  the  depth  of  three  feet;  and  where  the 
streets  are  paved  the  curbing  shall  be  of  stone,  four  inches  thick, 
and  at  least  thirty  inches  in  depth,  firmly  set  in  the  earth  to 
the  proper  grade  and  line;  and  the  distance  from  the  front  line 
of  the  lots  to  the  outer  edge  of  the  curbing  shall  be  the  full 
width  of  the  sidewalks.  The  whole  work  of  grading  and  laying 
down  said  sidewalks,  whether  done  by  the  city  or  by  the  owners 
of  the  respective  lots  or  parcels  of  land  abutting  upon  the  same, 
shall  be  done  under  the  supervision  and  subject  to  the  approval 
of  the  city  superintendent  of  streets. 

808.  No  part  of  to  be  taken  for  private  use,  etc. — entrances 
to  cellars,  etc. — penalty.]  No  part  of  any  sidewalk  shall  be 
taken  for  private  use  by  lowering  or  cutting  down  the  same  next 
to  the  building  fronting  thereon;  or  by  railing  off  the  same  by 
any  iron  or  other  railing,  or  otherwise  shutting  off  the  public 
from  using  the  same;  but  said  sidewalk  shall  be  built  clear  up 
to  the  building  on  a uniform  grade,  as  hereinbefore  provided. 
Entrances  to  cellars  and  basements,  and  flights  of  stairs  or  steps 
may  be  made,  which  shall  not  extend  into  or  on  the  sidewalks 
more  than  four  feet  next  to  the  building,  and  the  width  of  the 
steps,  stairs  or  entrances  in  sidewalks  to  cellars  or  basements 


—20 


GENERAL  ORDINANCES  OF  CITY. 


570 

shall  not  be  more  than  five  feet;  and  the  same  shall  be  at  all 
times  securely  protected  by  the  owner  or  occupant  of  the  build- 
ing. Whoever  shall  violate  any  of  the  provisions  of  this  sec- 
tion shall  be  subject  to  a penalty  of  five  dollars  for  the  first  of- 
fense, and  to  a like  additional  penalty  for  each  week,  after  the 
first  conviction,  that  he  shall  continue  such  violation. 

809.  Not  to  extend  beyond  the  established  width — no  smooth 
glass  or  metal.]  No  person  shall  build  or  extend  any  sidewalk 
beyond  the  established  width,  and  no  person  shall  insert  any 
smooth  pieces  of  glass  or  metal  in  any  sidewalk  whatever, 
under  a penalty,  in  either  case,  of  not  exceeding  ten  dollars,  and 
a further  penalty  of  two  dollars  for  each  day  he  shall  neglect 
or  fail  to  remedy  or  remove  the  same,  after  notice  to  do  so  by  the 
street  superintendent. 

810.  Openings  in  to  be  covered  with  iron  plate.]  Every 

aperture  or  opening  in  any  sidewalk,  over  any  vault  or  coal- 
hole, shall  be  covered  with  a substantial  iron  grate  or  plate, 
with  a rough  surface,  to  prevent  accidents,  and  the  construc- 
tion of  all  vaults  and  coal-holes  under  sidewalks  shall  be  sub- 
ject to  the  directions  and  supervision  of  the  street  superintendent, 
or  such  other  officer  as  may  be  designated  by  the  city  council. 

811.  Sidewalk,  nuisance — when.]  Every  sidewalk  in  said 
city  which  is  so  much  worn  or  out  of  repair  as  to  endan- 
ger the  safety  of  persons  passing  over  the  same,  is  hereby  de- 
clared to  be  a nuisance;  and  any  person  who  shall  hereafter 
suffer  or  permit  such  nuisance  to  exist  in  front  of  or  adjoin- 
ing premises  owned  or  occupied  by  him,  shall  be  subject  to  a pen- 
alty of  one  dollar  for  every  day  that  he  shall  allow  the  same  to 
remain  after  being  notified,  in  writing,  by  the  superintendent  of 
streets  to  remedy  or  abate  said  nuisance. 

812.  Nuisance  to  be  abated.]  The  owner  or  occupant  of 
any  lot  or  premises,  where  any  holes  or  loose  planks,  or  other 
defects,  are  permitted  or  allowed  to  be  and  remain  in  and  about 
the  sidewalks  in  front  of  or  adjacent  to  his  premises,  as  re- 
ferred to  in  the  last  preceding  section  hereof,  is  hereby  required 
to  repair  such  defects  and  abate  such  nuisance  without  delay; 
and,  in  default  thereof,  it  shall  be  the  duty  of  the  street  super- 
intendent to  abate  the  same;  and  if  any  person  shall  recover 


SIDEWALKS. 


571 


any  judgment  against  the  city  of  Springfield  because  of  injury 
resulting  from  such  defects  or  nuisance,  the  owner  or  occupant 
of  the  premises  where  such  injury  was  sustained  shall  be  liable, 
in  an  action  of  debt,  for  the  full  amount  of  the  damages  and 
costs  so  recovered  against  said  city. 

Article  II. 

SPECIAL  PROVISIONS  IN  RELATION  TO  SIDEWALKS. 

813.  Steps,  etc.,  how  to  be  supported — cellar  way,  etc. — 
restriction — penalty.]  No  steps,  platform  or  other  fixture 
shall  extend  into  or  upon  any  sidewalk  or  alley  in  said  city 
more  than  three  feet;  and  all  steps  or  stairs  encroaching  upon 
any  sidewalk  or  any  alley,  and  leading  to  the  upper  story  of 
any  building,  shall  be  securely  fastened  to  the  wall  of  such  build- 
ing and  supported  without  posts  or  pillars.  No  open  cellar  or 
basement  way  shall  be  permitted  in  any  sidewalk  or  alley,  nor 
shall  any  closed  cellar  or  basement  way  extend  into  or  upon 
any  sidewalk  more  than  five  feet,  nor  into  any  alley  more  than 
four  feet;  nor  shall  the  door  or  grating  of  any  such  closed  cel- 
lar or  basement  way  extend  above  the  grade  of  the  sidewalk, 
nor  exceeding  one  inch  above  the  grade  of  the  alley;  nor  shall 
the  hinges,  lock,  or  other  fastenings  thereof,  be  placed  on  the 
upper  side  of  the  same  so  as  to  project  above  the  door,  unless 
within  two  and  one-half  feet  of  the  building;  and  all  cellar  win- 
dows or  coal-holes  in  any  sidewalk  or  alley  shall  be  set  or  placed 
even  with  the  grade  of  such  sidewalk  or  alley,  and  be  well  se- 
cured with  iron  or  other  suitable  gratings.  Whoever  shall  vio- 
late or  fail  to  comply  with  any  of  the  requirements  of  this  sec- 
tion, shall  be  subject  to  a penalty  of  not  less  than  three  dollars 
nor  more  than  twenty-five  dollars  for  each  offense,  and  to  a 
further  penalty  of  three  dollars  for  each  day  he  shall  fail  or 
refuse  to  comply  herewith,  after  notice  to  do  so  by  the  mayor 
or  street  superintendent. 

814.  Openings  to  have  iron  doors.]  All  approaches  or  en- 
trances to  cellars  and  basements  which  open  on  the  public  side- 
walks, and  all  other  openings  on  public  sidewalks  shall  be  pro- 
tected by  iron  doors  four  feet  by  four  feet  ten  inches,  and  it 
shall  be  unlawful  for  any  person  building  any  of  said  approaches. 


GENERAL  ORDINANCES  OF  CITY. 


entrances,  or  openings  to  protect  the  same  with  doors  constructed 
of  any  other  material  than  iron.  Owners  of  any  property 
abutting  upon  the  public  sidewalk  which  have  entrances  on 
said  sidewalks  to  any  cellar  or  basement  now  protected  by  wooden 
doors,  shall  within  sixty  days  of  the  passage  of  this  ordinance 
remove  said  wooden  doors,  and  shall  replace  them  with  doors 
constructed  of  iron  of  the  size  mentioned  in  this  ordinance. 
[Passed  January  21,  1901. 

815.  Not  to  be  used  for  display  of  goods,  etc.,  except,  etc. — 
penalty.]  Whoever  shall,  in  this  city,  place,  set  or  hang  out, 
over  or  upon  any  sidewalk,  any  goods,  wares  or  merchandise, 
except  within  three  feet  of  the  building  or  premises  owned  or 
occupied  by  him;  or  whoever  shall  place,  erect  or  suspend  any 
sign,  flag,  banner,  show  case,  or  other  fixture  projecting  into 
or  hanging  over  any  sidewalk  exceeding  three  feet  from  the 
building  or  premises  owned  or  occupied  by  him;  or  shall  cause 
or  knowingly  permit  the  same  to  be  done  in  front  of  or  adjoin- 
ing any  house  or  premises  owned  or  occupied  by  him,  under  his 
control,  shall  be  subject  to  a penalty  of  one  dollar  for  each  offense, 
and  to  a like  additional  penalty  for  every  two  hours  he  shall 
allow  such  goods,  merchandise,  signs,  or  fixtures  to  remain  after 
being  notified  to  remove  the  same  by  the  street  superintendent, 
or  any  member  of  the  police  force. 

816.  Not  to  be  obstructed  with  goods,  etc.]  Xo  person 
shall  incumber  or  obstruct  more  than  three  feet  of  the  outer  edge 
of  any  sidewalk  with  any  goods,  merchandise,  fuel,  or  other 
articles  he  may  be  receiving  or  delivering,  nor  shall  he  permit 
the  same  to  remain  upon  any  sidewalk  longer  than  may  be 
necessary  in  the  diligent  removal  thereof,  nor  in  any  case  to  ex- 
ceed twenty-four  hours,  under  a penalty  of  one  dollar  for  each 
offense,  and  a further  penalty  of  one  dollar  for  every  two  hours 
he  shall  permit  any  such  incumbrance  or  obstruction  to  remain 
after  being  notified  to  remove  the  same  by  the  street  superinten- 
dent, or  any  member  of  the  police  force. 

817.  Goods  to  be  placed  on  tables  or  benches.]  All  fish, 
fruit,  groceries,  teas,  coffees  or  vegetables  displayed  on  any  side- 
walk in  said  city  shall  be  placed  on  benches  or  tables  not  less 
than  two  feet  in  height  nor  more  than  three  feet  in  width,  under 


SIDEWALKS. 


573 


a penalty  of  not  more  than  twenty-five  dollars.  [Passed  October 
3,  1892. 

818.  Teams  not  to  obstruct.]  Whoever  shall  fasten  or  leave 
any  team  of  horses,  or  any  beast  of  burden,  in  such  a manner 
as  that  the  same,  or  any  vehicle  attached  thereto,  shall  be  an 
obstruction  to  any  sidewalk  in  said  city,  shall  incur  a penalty 
of  not  exceeding  three  dollars  for  every  such  offense. 

819.  Nuisance — water  falling  from  roof — penalty/]  Who- 
ever shall  suffer  or  permit  the  water  falling  or  draining  from 
the  roof  of  any  building  owned,  occupied  or  controlled  by  him, 
to  spread  over  the  sidewalk  in  front  of  the  same,  shall  be  deemed 
guilty  of  maintaining  a nuisance,  and  shall  be  subject  to  a pen- 
alty of  two  dollars  for  the  first  offense,  and  to  a further  penalty 
of  one  dollar  for  every  day  that  he  shall  fail  to  remedy  or  abate 
the  same  after  being  notified  to  do.  so  by  the  superintendent  of 
streets,  or  any  police  officer  of  the  city. 

820.  Hitching  rings  or  posts  to  be  provided.]  It  shall  be 
the  duty  of  all  owners  or  occupants  of  business  or  dwelling 
houses,  within  the  city,  in  front  of  which  any  sidewalk  is  now 
or  may  hereafter  be  laid,  to  provide  and  securely  fasten  in  such 
sidewalk,  at  the  curb-line  thereof,  a two-inch  iron  ring,  or  to 
erect  thereat  a suitable  post,  for  hitching  purposes;  and  every 
owner  of  any  such  house  or  building,  failing  or  neglecting  to 
comply  with  the  requirements  of  this  section,  shall  be  subject 
to  a penalty  of  not  less  than  one  dollar  nor  more  than  ten  dollars. 

821.  Driving  on  lawn  or  sidewalk  prohibited — penalty.] 

Whoever  shall  lead,  ride  or  drive  any  horse,  mule,  cow,  or  other 
like  animal,  upon,  over  or  across  any  sidewalk  or  lawn,  within 
the  curb-line  of  any  sidewalk  in  said  city,  except  at  the  entrance 
to  some  building  or  lot,  where  no  suitable  crossing  is  provided; 
or  whoever  shall  suffer  or  permit  any  such  animal,  or  any  ve- 
hicle thereto  attached,  to  be  or  remain  upon  any  such  sidewalk 
or  lawn,  to  the  obstruction  of  travel  thereon,  or  otherwise,  shall 
be  subject  to  a fine  of  not  less  than  two  dollars  nor  more  than 
ten  dollars  for  each  and  every  offense. 

822.  Bicycles  on  sidewalks  prohibited — penalty.]  It  shall 
be  unlawful  for  any  person  or  persons  to  ride  any  bicycle  on 
any  sidewalk  in  this  city,  and  any  person  or  persons  violating 


574 


GENERAL  ORDINANCES  OE  CITY. 


this  ordinance  shall  be  subject  to  a fine  of  not  less  than  two  dol- 
lars nor  more  than  ten  dollars  for  each  offense.  [Passed  Sep- 
tember 21,  1896. 

823.  To  be  kept  free  from  snow  and  ice  and  all  obstruc- 

tions— proviso — penalty.]  Every  owner  or  occupant  of  any 
dwelling  house  or  other  building,  or  proprietor  or  lessee  of  any 
inclosed  lot  or  premises,  and  every  person  having  the  charge  or 
control  of  any  church,  hall,  or  public  building,  within  said 
city,  shall,  during  the  winter  season,  whenever  there  is  a fall  of 
snow,  and  by  ten  o’clock  on  every  morning  thereafter,  clear  the 
sidewalks  in  front  of  or  adjoining  such  house,  building  or  prem- 
ises, from  snow  and  ice,  and  keep  the  same  conveniently  free 
therefrom;  or  shall,  in  case  the  snow  and  ice  are  so  congealed  as 
not  to  be  removed  without  difficulty  or  injury  to  the  pavement, 
strew  the  same  with  ashes,  sand  or  saw-dust;  and  shall  also,  at 
all  times,  keep  such  sidewalks  clear  and  free  from  dirt,  filth, 
weeds  or  other  obstructions,  so  as  to  allow  pedestrians  the  safe 
and  unobstructed  use  of  the  same;  and  every  owner,  occupant, 
or  other  person  aforesaid,  who  shall  permit  or  allow  such  side- 
walks to  be  or  remain  covered  with  snow,  or  other  obstructions, 
contrary  to  the  provisions  of  this  section,  shall  be  deemed  guilty 
of  maintaining  a nuisance:  Provided , that  no  person  shall 

be  obliged  to  clear  any  such  sidewalk  on  Sunday,  or  during  the 
continuance  of  any  snow  storm.  Whoever  shall  violate,  or 
shall  fail  or  refuse  to  comply  with  any  of  the  requirements  of 
this  section,  shall,  upon  conviction,  be  fined  not  less  than  two 
dollars  nor  more  than  ten  dollars  for  each  offense. 

823%*  Spitting  on  sidewalk  prohibited — penalty.]  No 

person  shall  spit  upon  any  public  sidewalk  within  the  city  of 
Springfield;  any  person  who  shall  spit  upon  any  public  sidewalk 
of  said  city  shall  be  fined  in  any  sum  not  less  than  one  dollar 
nor  more  than  ten  dollars.  [Passed  September  17,  1900. 

Article  III. 

CURBSTONES. 

824.  Curbstones  not  to  be  injured.]  No  person  shall, 
within  the  city  of  Springfield  cut,  mar,  deface  or  in  any  way 
break  or  disfigure  any  curbstone  or  part  or  edge  thereof,  set 
along  or  upon  any  of  the  paved  streets  of  said  city. 


CURBSTONES. 


575 


825.  No  driveway  across  curbstone.]  No  person  shall  have 
or  maintain  an  entrance  or  driveway  for  horses  or  vehicles  from 
the  paved  streets  or  street  into  his  or  their  premises,  crossing 
the  curbstones.  But  all  such  driveways,  from  said  streets  into 
private  premises,  shall  be  made  by  putting  in  curbstones  on  each 
side  of  such  driveway,  with  rounded  corners,  as  at  street  inter- 
sections. 

826.  Penalty.]  Whoever  shall  violate  either  section  of  this 
ordinance  shall  be  subject  to  a fine  of  not  less  than  ten  nor  more 
than  twenty-five  dollars  for  each  offense. 


576 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  XXVI. 

STREETS  AND  ALLEYS. 

Article  I. 

STREETS,  ALLEYS  AND  SIDEWALKS. 

827.  Not  to  be  excavated  without  permit — penalty.]  No 

person  not  authorized  by  the  city  council,  or  by  ordinance,  shall 
make  any  excavation  in  any  street,  avenue,  alley,  sidewalk,  or 
public  ground,  within  the  city  of  Springfield,  without  first  ob- 
taining the  permission  of  the  mayor,  or  the  superintendent  of 
streets;  and  in  the  case  of  an  excavation  in  any  paved  street, 
avenue  or  alley,  such  permission  shall  be  in  writing.  Whoever 
violates  the  provisions  of  this  section  shall,  upon  conviction, 
be  fined  not  less  than  five  dollars  nor  more  than  fifty  dollars 
for  each  offense : Provided , that  this  section  shall  not  apply 

to  any  person  making  an  excavation  for  the  purpose  of  connect- 
ing any  private  drain  or  sewer  with  any  public  sewer,  under  a 
written  permit  from  the  city  engineer. 

828.  Excavation  to  be  filled  up — how — injuries  to  be  re- 
paired— penalty.]  Any  person  making,  or  causing  to  be  made, 
any  excavation  or  ditch,  for  any  purpose,  in  any  street,  avenue, 
alley  or  sidewalk,  shall,  without  unnecessary  delay,  cause  the  same 
to  be  filled  up  to  the  proper  level  of  such  street,  avenue,  alley  or 
sidewalk,  and  shall,  from  time  to  time,  if  necessary,  repair  the 
same,  until  the  earth  is  completely  settled,  and  the  surface  there- 
of conforms  to  the  proper  level  or  grade.  Any  person  tak- 
ing up  or  removing  any  paved  or  planked  street,  avenue,  alley 
or  sidewralk,  or  any  bridge  or  culvert,  for  any  purpose,  or  neg- 
ligently breaking  or  injuring  the  same,  shall,  without  delay, 
cause  such  paved  or  planked  street,  avenue,  alley  or  sidewalk, 
or  bridge,  or  culvert,  to  be  repaired  and  placed  in  the  same  con- 
dition as  before  the  breaking  or  injuring  thereof.  Whoever 


STREETS,  ALLEYS  AND  SIDEWALKS. 


577 


shall  violate  or  fail  to  comply  with  any  of  the  requirements  of 
this  section  shall  incur  a penalty,  in  each  case,  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars;  and  the  street 
superintendent  shall  forthwith  cause  such  filling  up  or  repairs 
to  be  made  and  completed,  and  the 'cost  and  expense  thereof  may 
be  collected  of  the  person  whose  duty  it  was  to  do  the  same,  and 
recovered  by  a separate  suit  in  the  name  of  the  city. 

829.  Excavation  left  open,  etc. — penalty.]  Any  contractor 
for  any  public  work,  or  any  officer  or  other  person,  making 
any  excavation  in  any  street,  avenue,  alley  or  sidewalk  of  the 
city,  who  shall  leave  the  same  open  and  unprotected  by  lights 
or  otherwise,  in  the  night  time,  so  as  to  endanger  the  safety 
of  persons  or  animals  passing  thereby,  from  falling  therein, 
shall  be  liable  to  a fine  of  not  less  than  ten  dollars  nor  more  than 
two  hundred  dollars  for  every  such  neglect. 

830.  Red  light  to  be  placed  on.]  Any  contractor,  builder, 
owner  or  agent  who  shall  under  the  ordinances  of  the  city  of 
‘Springfield,  be  allowed  to  place  any  obstruction  or  excavation 
upon  any  street,  alley,  avenue  or  sidewalk,  shall  be  required 
to  place  and  maintain  a red  light  or  lantern  at  each  approach 
to  the  said  obstruction  or  excavation  which  can  be  easily  seen 
from  each  direction.  Whoever  shall  violate  any  provision  of 
this  ordinance  shall  be  subject  to  a fine  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  the  first  offense  and  a 
penalty  of  five  dollars  for  each  and  every  day  that  the  ordinance 
shall  be  violated.  [Passed  May  20,  1901. 

831.  Removing  earth,  etc.,  without  permit — penalty.]  Who- 
ever shall,  for  any  private  purpose,  dig,  remove,  or  carry  away, 
any  earth,  gravel  or  sod  from  any  street,  avenue,  alley  or  public 
ground,  without  the  express  permission  of  the  city  council,  or 
of  the  street  and  alley  committee  thereof,  shall  forfeit  and  pay 
a penalty  of  one  dollar  for  each  and  every  load  so  removed  or 
carried  away;  and  any  officer  of  the  city  who  shall  use,  sell  or 
dispose  of  any  earth,  gravel  or  sod,  from  any  street,  avenue, 
alley  or  public  ground,  for  his  own  private  gain  or  benefit,  shall 
be  subject  to  a penalty  of  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 


578 


GENERAL  ORDINANCES  OF  CITY.  ' 


832.  Building,  etc.,  encroaching  upon  street — penalty.]  No 

person  shall  make,  or  cause  to  be  made,  any  inclosure,  bridge, 
arched-way,  or  building  of  any  kind,  extending  upon,  over  or 
across  any  street,  avenue,  alley  or  sidewalk,  within  said  city, 
under  a penalty  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars  for  each  offense,  and  a further  penalty  of  five 
dollars  for  every  day  that  he  shall  allow  such  inclosure,  bridge 
or  building  to  remain,  after  being  notified  to  remove  the  same 
by  the  street  superintendent,  or  the  fire  marshal. 

833.  Building  fence  without  proper  line — penalty.]  Who- 
ever shall  erect,  or  cause  to  be  erected,  any  building  or  fence 
upon  the  line  of  any  street,  avenue  or  alley  of  the  city,  without 
first  obtaining  the  proper  line  thereof  from  the  city  engineer, 
shall  incur  a.  penalty  of  not  less  than  five  dollars  nor  exceeding 
fifty  dollars. 

834.  Contractor,  etc.,  not  to  obstruct  street,  etc.,  without  per- 
mit— penalty.]  No  contractor,  builder  or  other  person  shall  en- 
cumber or  obstruct  any  street,  alley  or  sidewalk  in  the  city  with 
building  or  other  like  materials,  without  a written  permit  from 
the  mayor  therefor ; nor  shall,  except  in  case  of  necessity,  and  for 
a short  time  only,  encumber  or  obstruct  more  than  one-third 
of  any  street  or  alley,  or  one-half  of  any  sidewalk ; nor  shall  such 
obstruction  continue  in  any  case  longer  than  may  be  necessary 
in  the  diligent  erection  of  such  building,  or  the  prompt  execu- 
tion of  the  work.  Whoever  shall  violate  any  provision  of  this 
section,  shall  be  subject  to  a fine  of  not  less  than  five  dollars  nor 
more  than  fifty  dollars,  and  to  a further  fine  of  three  dollars 
for  each  day  after  the  first  conviction  that  he  shall  continue  in 
such  violation. 

835.  Contractor,  etc.,  to  give  bond  to  pay  damages  for,  etc. 
— penalty.]  Any  owner  or  agent  of  real  estate,  or  any  con- 
tractor or  builder,  who  may  be  about  to  commence  the  erection 
of  any  building,  or  the  alteration  or  improvement  of  any  build- 
ing, in  front  of  or  abutting  upon  any  street  or  avenue  of  the 
city,  and  when  the  construction,  alteration  or  improvement  of 
any  such  building  will  interfere,  or  be  likely  to  interfere,  with 
the  free  passage  through  or  over  the  street,  avenue,  or  sidewalk, 
by  reason  of  any  excavation  in  or  near  the  street  or  sidewalk. 


STREETS^  ALLEYS  AND  SIDEWALKS. 


579 


or  by  the  placing  in  or  upon  the  same  of  any  building  material, 
shall,  before  commencing  such  work,  execute  an  indemnifying 
bond  to  said  city,  in  such  reasonable  sum,  and  with  such  surety 
or  sureties,  as  may  be  fixed  by  the  mayor,  to  answer  and  pay 
all  damages  for  any  injury  that  may  result  to  persons  or  prop- 
erty from  any  such  interference  with  or  obstruction  of  such  street 
or  sidewalk.  Any  owner,  contractor  or  builder  who  shall  vio- 
late or  fail  to  comply  with  the  provisions  of  this  section,  shall, 
upon  conviction,  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars. 

836.  Building,  etc.,  encroaching  on  street,  etc.,  not  to  be 
repaired,  etc. — penalty.]  No  building,  fence,  fixture  or  other 
erection  or  inclosure  heretofore  erected  or  built,  and  encroach- 
ing in  whole  or  in  part  upon  any  street,  avenue,  alley  or  side- 
walk of  the  city,  shall  be  repaired  or  rebuilt,  under  a penalty  to 
the  offender  of  not  less  than  ten  dollars  nor  more  than  two  hun- 
dred dollars. 

837.  Building  encroaching  on  street,  etc.,  to  be  removed  in 
30  days  after  notice  at  cost  of  owner.]  The  owner  of  any 
building,  or  of  any  structure  or  inelosure,  already  erected  or  built, 
extending  into  or  encroaching  upon  any  street,  avenue,  alley 
or  sidewalk  within  the  city,  who  shall  not  remove  the  same  within 
thirty  days  after  being  notified  in  writing  to  do  so  by  the  street 
superintendent  or  the  city  engineer,  shall  be  subject  to  a fine 
of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars, 
and  to  a further  fine  of  ten  dolllars  for  every  day,  after  the  first 
conviction,  that  he  shall  fail  or  refuse  to  comply  with  such 
notice.  And  the  city  council  may  order  and  direct  the  superin- 
tendent of  police  to  take  down  and  remove  such  obstruction  or 
encroachment  upon  any  street,  avenue  or  alley,  and  the  cost  and 
expense  of  such  taking  down  and  removal  may  be  collected  by 
suit,  in  the  name  of  the  corporation,  against  the  person  or  per- 
sons causing  or  erecting  such  encroachment  or  obstruction. 

838.  Building  not  to  be  removed  along  street,  etc.,  without 
permit — penalty.]  No  person  shall  remove,  or  cause  to  be  re- 
moved, any  building  through  or  along  any  street,  avenue  or  al- 
ley of  the  city,  without  a written  permit  from  the  mayor  there- 
for, nor  shall,  in  removing  such  building,  unnecessarily  encum- 


580 


GENERAL  ORDINANCES  OF  CITY. 


ber  or  obstruct  any  street,  avenue  or  alley,  nor  for  a longer  time 
than  may  be  necessary  in  the  prompt  and  diligent  removal  there- 
of, under  a penalty  of  ten  dollars  for  each  offense,  and  a further 
penalty  of  five  dollars  for  every  day  that  such  building  shall 
unnecessarily  remain  upon  any  street,  avenue  or  alley. 

839.  No  obstruction  allowed,  except,  etc. — penalty.]  Who- 
ever shall  place,  throw  or  leave,  or  shall  cause  to  be  placed, 
thrown  or  left,  any  obstruction  or  encumbrance  in  or  upon  any 
street,  avenue  or  alley,  except  as  authorized  by  ordinance,  shall 
be  liable  to  a fine  of  not  less  than  three  dollars  nor  more  than 
twenty  dollars,  and  to  a further  line  of  one  dollar  for  every 
two  hours  that  he  shall  not  remove  such  obstruction  or  encum- 
brance, after  being  notified  to  do  so  by  the  superintendent 
of  street,  or  any  member  of  the  police  force. 

840.  Liability  for  damages.]  Any  person  who  shall  place 
or  leave,  or  cause  to  be  placed  or  left,  any  encroachment,  ob- 
struction or  encumbrance  in  or  upon  any  street,  avenue,  alley 
or  sidewalk,  shall,  in  all  cases,  be  liable  to  the  city  and  to  pri- 
vate persons  for  all  injury  or  damages  arising  therefrom. 

841.  Driving  cattle  or  hogs  on  paved  streets — restriction — 

proviso — penalty.]  No  person  or  persons  shall  drive  upon  or 
along  any  such  paved  street  or  alley,  or  the  paved  portion  thereof, 
within  said  city,  more  than  five  head  of  cattle  or  hogs  at  any 
one  time,  under  a penalty  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  each  and  every  offense:  Pro- 

vided, that  cows  owned  by  persons  within  the  city  and  kept  for 
the  purpose  of  giving  milk,  may  be  driven  to  or  from  pastur- 
age under  the  care  of  a herdsman  or  servant  without  incurring 
any  penalty  as  herein  provided.  [Passed  April  27,  1885. 

842.  Width  of  tires  on  vehicles.]  All  wheeled  vehicles 
carrying  a weight  of  over  three  thousand  pounds  and  under  five 
thousand  pounds  on  or  over  any  paved  street  within  said  city, 
shall  have  tires  not  less  than  two  and  one-half  inches  in  width, 
and  vehicles  carrying  over  five  thousand  pounds  shall  have  tires 
not  less  than  three  inches  in  width.  Any  person  neglecting  or 
failing  to  comply  with  the  requirements  of  this  section  shall  be 
liable  to  a fine  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars.  [Passed  October  16,  1893. 


STREETS,  ALLEYS  AND  SIDEWALKS. 


581 


843.  Leaving  team  unhitched — penalty.]  Whoever  shall 
unhitch  or  leave  any  team  or  horses  or  mules,  or  any  wagon, 
carriage  or  other  like  vehicle,  in  any  street,  avenue  or  alley,  be- 
fore or  beside  any  private  dwelling  house,  church  or  school  house, 
within  said  city,  contrary  to  the  wishes  of  the  owner,  occupant, 
or  person  in  charge  of  the  same,  and  shall  not  immediately  re- 
move such  team  or  vehicle,  when  so  requested,  shall  be  subject 
to  a penalty  of  two  dollars  for  each  and  every  offense. 

844.  Teams  not  to  be  fed,  etc.,  on  paved  streets, — penalty — 

proviso.]  No  person  shall  unhitch,  feed,  or  leave  standing  any 
team  of  horses  or  other  animals,  or  any  wagon  or  other  vehicle, 
in  or  upon  any  paved  street  or  avenue  of  the  city,  under  a pen- 
alty of  not  less  than  two  dollars  nor  more  than  ten  dollars  for 
each  offense:  Provided , that  this  section  shall  not  apply  to 

licensed  vehicles  standing  on  the  court  house  side  of  the  public 
square,  while  waiting  for  employment;  nor  to  the  leaving  of 
horses,  or  vehicles,  used  by  merchants  in  the  delivery  of  their 
goods  or  merchandise. 

845.  Obstructing  crossing — penalty.]  Whoever  shall  ob- 
struct any  street  or  alley  crossing,  by  unnecessarily  stopping 
thereon  with  any  team,  animal  or  vehicle,  so  as  to  inconvenience 
or  incommode  persons  passing  or  crossing  the  same,  shall  incur 
a penalty  of  not  exceeding  five  dollars  for  each  offense. 

846.  When  street,  etc.,  obstructed  by  teams,  etc. — penalty.] 

When  any  street,  avenue  or  alley  shall  be  obstructed  by  a press 
of  teams,  vehicles,  animals  or  persons,  the  mayor  or  superinten- 
dent of  police,  or  any  police  officer  of  the  city,  may  give  such 
orders  and  directions  as  shall  be  deemed  necessary  to  abate  the 
obstruction;  and  whoever  shall  neglect  or  refuse  to  obey  such 
orders  or  directions  shall  be  subject  to  a penalty  of  three  dollars. 

847.  Alleys  and  gutters,  to  be  kept  clean — penalty.]  It 

shall  be  the  dut}^  of  every  person  owning  any  lot  or  parcel  of 
land  adjoining  any  public  or  private  alley  in  said  city,  to  keep 
the  same  clean  and  in  an  inoffensive  condition,  and  also  to  keep 
the  gutter  in  front  of  the  premises  owned  or  occupied  by  him, 
under  his  control,  free  from  filth  or  other  offensive  matter  that 
may  prevent  the  free  flow  of  water  therein.  Any  person  failipg 
or  neglecting  to  comply  with  any  provision  of  this  section  shall 


GENERAL  ORDINANCES  OF  CITY. 


582 

be  subject  to  a penalty  of  not  exceeding  five  dollars  for  each 
offense. 

848.  Leaving  open  cellar  door,  etc. — penalty.]  Whoever 

shall  leave  open  or  permit  to  be  left  open  any  cellar  door,  base- 
ment entrance,  vault,  cistern,  well,  ditch  or  other  like  pit  or 
hole,  on  or  adjoining  any  street,  avenue,  alley  or  sidewalk,  within 
said  city,  without  securing  or  protecting  the  same,  so  as  not  to 
endanger  the  safety  of  persons  or  animals,  passing  thereby  from 
falling  therein,  shall  be  subject  to  a fine  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense;  and  shall 
also  be  liable  for  all  damages  or  injuries  to  persons  or  property 
arising  from  any  such  neglect,  and  for  any  damages  that  may 
be  recovered  against  the  city  in  consequence  thereof. 

849.  Obstructing  street,  etc.,  with  fuel,  etc. — penalty.]  No 

person  shall  obstruct  or  incumber  any  street,  avenue  or  alley 
of  the  city  with  any  merchandise,  fuel  or  other  articles  longer 
than  may  be  necessary  in  the  diligent  removal  of  the  same,  under 
a penalty  of  two  dollars  for  each  offense,  and  a further  penalty 
of  one  dollar  for  every  two  hours  that  he  shall  permit  such  mer- 
chandise, fuel  or  other  articles  to  remain,  after  being  notified 
to  remove  the  same  by  the  superintendent  of  streets,  or  any  mem- 
ber of  the  police  force. 

850.  Throwing  ashes,  etc.,  in  street,  etc. — penalty.]  No 

person  shall  threw,  place  or  leave,  or  cause  or  permit  to  be 
thrown,  placed  or  left,  any  ashes,  dirt,  filth  or  rubbish,  in  or  upon 
any  street,  avenue,  alley  or  sidewalk  of  said  city,  in  front  of  or 
adjoining  any  building  or  premises  owned  or  occupied  by  him, 
or  subject  to  his  control,  under  a penalty  of  not  less  than  two 
dollars  nor  more  than  ten  dollars  in  each  case;  and  a further 
penalty  of  one  dollar  for  every  twTo  hours  that  such  person  shall 
permit  such  ashes,  dirt,  filth  or  rubbish  to  remain,  after  notice 
to  remove  the  same  by  the  superintendent  of  streets,  the  health 
inspector,  or  any  policeman. 

851.  Throwing  paper  in  street,  etc. — penalty.]  No  person 

shall  throw,  place  or  leave,  or  cause  to  be  thrown,  placed  or  left, 
in  or  upon  any  street,  alley,  avenue  or  sidewalk  of  said  city,  any 
paper  or  card,  hand-bill,  dodger,  advertisement,  notice  or  waste 


STREETS,  ALLEYS  AND  SIDEWALKS. 


583 


paper,  under  a penalty  of  not  less  than  three  nor  more  than  ten 
dollars  for  each  offense.  [Passed  July  6,  1885. 

852.  Straw  to  be  hauled  on  racks — penalty  for  violation.] 

After  this  ordinance  shall  take  effect,  all  straw  hauled  through 
the  streets  and  avenues  of  the  city  shall  (unless  the  same  is  in 
bales)  be  hauled  on  slat  straw  racks  made  in  the  shape  and  man- 
ner that  racks  for  hauling  barrels  are  made.  Such  slats  shall 
be  not  more  than  six  inches  from  center  to  center  or  more  than 
four  inches  space  between  them  so  as  to  prevent  the  falling  off 
or  scattering  of  the  same  on  the  streets  or  avenues  of  the  city. 
Any  person  hauling  straw  on  any  other  kind  of  rack  than  above 
named  shall  incur  a penalty  of  not  less  than  ten  dollars  nor 
more  than  twenty-five  dollars  for  each  offense.  [Passed  October 
24,  1892, 

853.  Hauling  stone,  etc.,  through  the  streets — restriction — 
penalty.]  Any  person  or  persons  who  shall  be  engaged  in  haul- 
ing or  drawing  stone,  mortar,  ice,  earth,  ashes,  manure,  shav- 
ings, garbage;  or  rubbish  in  or  through  the  streets  or  avenues 
of  said  city  shall  draw  or  carry  the  same  in  tight  boxes  or  dump 
beds  or  barrels  and  when  drawing  or  carrying  any  of  the  afore- 
said articles  in  case  the  same  fall  into  the  street  or  be  scattered 
in  any  street  or  alley  shall  cause  the  same  to  be  forthwith  taken 
up  and  removed,  and  for  any  violation  of  any  of  the  provisions 
of  this  section  he  or  they  shall  incur  a penalty  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars  for  each  offense, 

854.  Opening  in  paved  street — permit  to  be  obtained.]  Any 

person,  persons,  company  or  corporation  desiring  to  make  any 
opening  in  any  paved  street  or  alley  in  the  city  of  Springfield 
shall  before  the  opening  is  made,  make  application  to  the  city 
engineer  for  a permit,  who  shall  before  said  permit  shall  be  is- 
sued, ascertain  the  amount  necessary  to  replace  said  street  open- 
ing in  as  good  condition  as  possible  and  said  sum  shall  be  de- 
posited with  the  said  city  engineer. 

855.  Fee  for  permit.]  For  each  and  every  permit  issued 
for  an  opening  in  any  street  for  the  purpose  of  repairing  or 
making  any  new  connection  for  sewerage,  water,  gas,  steam  or 
any  other  purpose  whatever,  said  engineer  shall  collect  therefor 
the  sum  of  two  dollars  as  fee  for  said  permit. 


GENERAL  ORDINANCES  OF  CITY. 


584 

856.  Old  material  to  be  preserved.]  The  person,  persons, 
company  or  corporation  to  whom  the  permit  shall  be  issued  shall 
remove  all  old  material  and  preserve  the  same  in  such  manner 
as  the  city  engineer  shall  prescribe. 

857.  Opening  to  be  closed  under  supervision  of  city  en- 
gineer.] After  said  opening  shall  have  been  made  and  the  re- 
pairs or  connections  shall  have  been  completed,  the  engineer 
must  be  notified  by  the  party  or  parties  securing  the  permit  and 
he  shall  then  have  the  old  material  replaced  and  secure  such  new 
material  as  may  he  necessary  in  the  best  workmanlike  manner 
and  return  to  said  party  or  parties  a bill  therefor  with  the  bal- 
ance due  them  on  their  deposit. 

858.  Penalty  for  violation.]  Any  violation  of  any  of  the 

above  sections  shall  subject  the  offender  to  a fine  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars. 

859.  City  engineer  to  report.]  The  city  engineer  shall  on 
the  first  day  of  each  month,  report  in  writing  to  the  city  coun- 
cil the  number  of  permits  issued  together  with  the  amounts  col- 
lected therefor.  | Passed  November  20,  1895. 

860.  Automobiles  and  bicycles  on  streets — regulated.]  All 

persons  riding  bicycles,  automobiles,  or  all  other  vehicles  using 
the  public  streets  and  highways  of  the  city,  after  dusk,  shall  be 
required  to  have  on  the  front  end  of  their  bicycles,  automobile 
or  vehicle,  a conspicuous  light  placed  in  such  a manner  as  to 
be  plainly  in  view  of  the  traveling  public.  All  bicycles  and 
automobiles  shall  be  jnovided  with  a bell  or  gong  to  furnish  a 
suitable  alarm.  No  person  riding  a bicycle  on  the  streets  and 
highways  within  the  fire  limits  of  this  city,  shall  be  permitted 
to  ride  at  a greater  rate  of  speed  than  ten  miles  per  hour,  and 
no  more  than  two  riders  of  bicycles  shall  ride  abreast  on  the 
public  streets  of  the  city. 

861.  Penalty  for  violation.]  Any  person  or  persons  violat- 
ing this  ordinance  shall  be  fined  not  less  than  three  dollars  nor 
more  than  ten  dollars  for  each  offense.  [Passed  February  3, 
1896. 

862.  Headlights  on  street  cars.]  Every  firm  or  corporation 

operating  street  railroads  in  the  city  shall  provide  every  car 


STREETS,  ALLEYS  AND  SIDEWALKS. 


585 


running  in  the  night  time  with  a brilliant  and  conspicuous  light, 
which  light  shall  at  dusk  be  placed  on  the  front  or  forward  end 
of  the  cars  in  such  a manner  as  to  render  them  conspicuous  to 
public  travel. 

863.  Penalty  for  violation.]  Any  firm  or  corporation,  or 
employe  of  such  firm  or  corporation,  who  shall  violate  this  or- 
dinance shall  be  subject  to  a fine  of  not  less  than  ten  nor  more 
than  one  hundred  dollars  for  each  and  every  offense.  [Passed 
January  6,  1896. 


580 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  XXVII. 

STREET  LIGHTS. 

Article  I. 

STREET  LAMPS  AND  LIGHTS. 

864.  Number  and  location  of — proviso.]  The  city  council 

may,  from  time  to  time,  order  the  erection  of  such  number  of 
public  lamps  as  shall  be  deemed  necessary  and  expedient  for  the 
proper  lighting  of  the  streets  of  the  city  of  Springfield;  and 
the  committee  on  street  lighting  thereof,  shall  direct  the  loca- 
tion of  such  lamps,  and  cause  them  to  be  so  placed  as  to  diffuse 
the  light  as  equally  as  possible:  Provided,  that  no  new  lamp 

posts  or  lamps  shall  be  erected  during  any  one  year,  unless  the 
cost  thereof  shall  have  been  provided  for  in  the  annual  appro- 
priation bill  of  such  year. 

865.  Inspection  and  approval  of — names  of  streets,  etc.] 

All  street  lamps  erected  by  order  of  the  city  council,  shall  be 
inspected  and  approved  by  the  mayor  and  committee  on  street 
lighting,  before  being  lighted  at  the  expense  of  the  city;  and  it 
shall  be  the  duty  of  said  committee  to  cause  the  names  of  the 
respective  streets  or  avenues  to  be  affixed  or  painted,  in  plain 
letters,  upon  such  public  lamps. 

866.  To  be  kept  clean  and  in  repair — when  to  be  lighted.] 

Any  gas  light  compan}^,  or  other  company  or  firm,  having  a con- 
tract with  the  city  of  Springfield  for  lighting  its  streets,  or  any 
of  them,  shall  keep  the  public  lamps  under  their  charge  well 
cleaned  and  in  repair,  and  shall  cause  the  same  to  be  lighted  at 
twilight  every  evening,  and  keep  them  lit  and  burning  until 
the  dawn  of  each  day,  except  when  the  clear  moonlight  shall  ren- 
der it  unnecessary. 

867.  When  light  insufficient  contractor  shall  remedy.  ] The 

mayor  and  committee  on  street  lighting  shall  see  that  the  pub- 


STREET  LAMPS  AND  LIGHTS. 


587 


lie  lamps  of  the  city  are  kept  clean  and  in  good  order,  and  regu- 
larly lighted;  and  if  at  any  time  there  shall  not  be  a sufficiency 
of  light,  by  reason  of  an  insufficient  flow  of  gas,  or  a lack  of 
gasoline,  or  other  burning  fluid,  or  of  the  lamps  not  being  kept 
clean,  or  otherwise,  the  contractor  or  contractors  therefor  shall, 
after  notice  from  the  mayor  or  any  member  of  said  committee, 
remedy  such  insufficiency,  defect,  or  neglect  of  duty,  without 
delay,  and  upon  a failure  to  do  so,  they  shall  be  subject  to  a 
proportionate  reduction  in  their  monthly  or  quarterly  accounts, 
in  the  discretion  of  the  city  council. 

868.  Tax  for  lighting  streets.]  The  city  council  shall, 
annually,  at  the  time  of  making  appropriations  and  levying  taxes 
for  other  corporate  purposes,  appropriate,  levy  and  assess,  a 
tax  sufficient  to  defray  the  cost  and  expense  of  erecting  and  main- 
taining the  necessary  lamp  posts  and  lamps,  and  of  lighting 
the  streets  of  said  city  for  such  year,  and  such  tax  shall  be  col- 
lected in  the  same  manner  as  other  general  taxes,  and  paid  into 
the  city  treasury  to  the  credit  of  the  street-lighting  fund,  and 
the  treasurer  shall  keep  a separate  account  thereof. 

869.  Removing  street  lamps — penalty — proviso.]  No  per- 

son shall,  without  permission  from  the  mayor,  or  the  committee 
on  street  lighting,  take  up,  change  or  remove  any  public  street 
lamp-post  or  lamp,  in  said  city,  under  a penalty  of  not  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  each  offense:  Pro- 

vided, that  any  person,  company  or  firm,  having  a contract  with 
the  city  for  lighting  and  maintaining  any  such  lamps,  may, 
without  such  permission,  take  up  and  remove  any  lamp-post  or 
lamp,  under  his  or  their  charge,  for  the  purpose  of  repairing 
the  same,  or  replacing  it  with  a new  one. 

870.  Lighting  or  extinguishing — penalty.]  No  person  shall 
at  any  time  light  or  extinguish,  or  cause  to  be  lighted  or  extin- 
guished, any  public  street-lamp,  which  any  person,  company  or 
firm,  is  or  may  be  required  to  light  or  extinguish,  under  a con- 
tract or  agreement  with  the  city,  except  by  the  authority  of  such 
contractor  or  contractors,  under  a penalty  of  not  less  than  three 
dollars  nor  more  than  twenty-five  dollars  for  each  offense. 

871.  Postoffice  boxes  may  be  attached  to  lamp  posts — penalty 
for  breaking,  etc.]  The  postoffice  department  is  hereby  given 


588 


GENERAL  ORDINANCES  OF  CITY. 


and  granted  permission,  under  the  direction  of  the  mayor,  to 
attach  postottice  boxes  to  the  public  lamp  posts  within  said  city; 
and  whoever  shall  break,  deface,  injure  or  remove  any  such  post 
or  mail  box,  so  attached,  shall  be  subject  to  a fine  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars. 

872.  City  clerk  to  furnish  copy  of  this  chapter  to  company 
having  contract.]  It  shall  be  the  duty  of  the  city  clerk  to  fur- 
nish a certified  copy  of  this  chapter  to  each  company,  corpora- 
tion, or  firm,  which  now  has,  or  may  hereafter  have,  a contract 
or  agreement  with  the  city  of  Springfield  for  maintaining,  light- 
ing and  extinguishing  any  of  the  public  street-lamps. 


SUPPLIES. 


589 


CHAPTER  XXVIII. 

SUPPLIES. 

Article  I. 

873.  Mayor  to  advertise  for  proposals  for  the  city  advertis- 
ing, and  for  stationery,  paper  and  other  supplies.]  It  shall  be 
the  duty  of  the  mayor  to  advertise  in  some  daily  paper,  published 
in  the  city  of  Springfield,  for  proposals  to  do  the  advertising 
of  the  city,  and  for  furnishing  the  stationery,  paper  and  other 
supplies  needed  by  the  city  or  the  officers  thereof.  The  adver- 
tisement for  proposals  to  do  the  advertising  and  furnish  sta- 
tionery and  paper,  shall  be  published  for  one  week,  in  January 
of  each  year,  and  the  bids  shall  be  for  the  term  of  the  fiscal  year, 
and  shall  be  received  and  let  on  or  before  the  fifteenth  day  of 
February  of  each  year. 

874.  Proposals  for  fuel  and  feed.]  Tfie  advertisement  for 
proposals  to  furnish  fuel  and  feed  for  the  use  of  the  city  shall 
be  published  for  one  week,  in  the  month  of  September,  and  shall 
be  let  on  or  before  the  fifteenth  day  of  October  in  each  year, 
and  the  contract  for  the  same  shall  cover  a term  of  one  year,  be- 
ginning with  the  first  day  of  November  following  the  letting  of 
the  contract. 

875.  Proposal  for  advertising — what  shall  state — bids  for 
stationery  and  paper,  fuel  and  feed,  how  let.]  The  proposal  for 
advertising  shall  state  the  price  per  inch  in  length,  for  a column 
at  least  two  and  one-eighth  inches  (or  thirteen  ems  pica)  in 
width,  for  the  whole  time  the  advertisement  may  be  legally  re- 
quired to  be  published,  and  the  contractor  shall  not  be  allowed 
to  charge  for  any  additional  insertion  consequent  upon  his  neg- 
lect or  mistake.  The  bids  for  stationery  and  paper  shall  be 
according  to  specifications  to  be  determined  by  the  mayor,  and 
may  be  let  separate  from  the  advertising.  The  bids  for  fuel 
and  feed  may  also  be  made  and  let  separately. 


590 


GENERAL  ORDINANCES  OF  CITY. 


876.  Bidder  to  furnish  bond  to  fulfill  contract.]  Each  bid- 
der shall  accompany  his  proposal  with  a good  and  sufficient  bond 
in  the  sum  of  one  thousand  dollars,  conditioned  that  in  case  his 
bid  is  accepted,  he  will  enter  into  a contract,  and  fulfill  the  same 
according  to  the  conditions  of  said  bid. 

877.  Contract — how  awarded.]  Said  proposals  shall  be  sub- 
mitted to  the  finance  committee  of  the  city  council,  who,  with 
the  mayor,  shall  award  the  contract  to  the  lowest  bidder,  and 
report  their  action  to  the  council,  and  the  mayor  shall  thereupon 
enter  into  contract  with  the  successful  bidder. 


VEHICLES. 


591 


CHAPTER  XXIX. 


VEHICLES. 


Article  I.  Hacks,  Coaches  and  Omnibuses. 
II.  Drays,  Carts  and  Wagons. 

III.  Stands  for  Licensed  Vehicles. 


Article  I. 

HACKS,  COACHES  AND  OMNIBUSES. 

878.  Must  be  licensed — penalty — proviso.]  Ho  person  shall 

engage  in  or  pursue  the  occupation  of  carrying  persons  for  hire 
in  any  hack,  hackney-coach,  omnibus  or  other  vehicle,  from 
one  place  to  another,  or  shall  keep  or  use  any  such  vehicle  for 
the  conveyance  of  persons,  for  hire  or  wages,  within  the  city  of 
Springfield,  without  being  specially  licensed  for  such  purpose, 
under  a penalty  of  not  less  than  one  dollar  nor  more  than  five 
dollars  for  each  person  so  carried  without  license:  Provided , 

that  only  one  license  shall  be  required,  under  this  section,  for 
one  vehicle,  which  may  be  issued  to  either  the  owner  or  driver 
thereof : And  provided , further , that  the  letting  of  carriages, 

buggies  or  phaetons  for  hire,  by  the  proprietors  or  keepers  of 
livery  stables,  in  the  ordinary  manner  incident  to  their  business, 
shall  not  be  deemed  a violation  of  this  section. 

879.  License — how  obtained — bond.]  Any  person  desiring 
a license  to  keep  or  drive  any  hack,  hackney-carriage,  omnibus 
or  other  vehicle,  for  the  carrying  of  passengers  for  hire  within 
said  city,  shall  apply,  in  writing,  to  the  mayor  therefor,  and 
pay  into  the  city  treasury  the  sum  of  money  or  license  fee  else- 
where in  this  ordinance  prescribed  for  such  purpose,  and  shall 
also  execute  a bond  to  the  city  in  the  penal  sum  of  three  hun- 
dred dollars,  with  sureties,  to  be  approved  by  the  mayor,  condi- 
tioned for  the  faithful  observance  of  all  ordinances  which  are 
or  may  be  in  force,  regulating  or  relating  to  his  said  occupa- 


592 


GENERAL  ORDINANCES  OF  CITY. 


tion,  and  thereupon  such  applicant  shall  be  entitled  to  receive 
from  the  city  clerk  a license  in  due  form. 

880.  License  number  to  be  affixed  to  vehicle — penalty.]  It 

shall  be  the  duty  of  the  city  clerk  to  keep  a register  of  the  date 
and  number  of  each  license  so  issued,  and  to  indorse  upon  each 
the  number  thereof;  and  the  person  so  licensed  shall  cause  such 
number  to  be  plainly  painted  or  affixed,  in  a conspicuous  place, 
on  the  outside  of  his  vehicle,  and  shall  keep  the  same  so  painted 
or  affixed  during  the  continuance  of  his  license,  under  a penalty 
of  one  dollar  for  each  and  every  day  such  vehicle  may  be  used 
without  being  numbered  or  designated  as  aforesaid. 

881.  Hackman  shall  wear  badge.]  Every  licensed  liackman, 
or  driver  of  a hackney-coach  or  omnibus,  engaged  in  conveying 
persons  for  hire,  shall  wear,  in  some  conspicuous  place  about 
his  person,  a badge,  or  rectangular  metal  plate,  on  which  shall 
be  engraved,  in  plain  letters,  the  word  “hack,”  or  other  word 
designating  the  kind  of  vehicle  which  he  is  authorized  to  drive, 
and  also  the  number  of  the  vehicle;  which  badge  he  shall  be  en- 
titled to  receive  from  the  city  clerk,  upon  the  payment  of  a fee 
of  not  exceeding  fifty  cents. 

882.  Hack,  etc.,  to  have  lighted  lamp  at  night — penalty.] 

Every  hack  or  hackney-coach,  licensed  under  the  provisions  of 
this  article>  or  any  ordinance  of  the  city,  shall,  when  driven  in 
the  night-time,  have  a lighted  lamp  affixed  on  some  conspicuous 
part  of  both  sides  of  the  outside  thereof;  and  every  omnibus, 
when  driven  in  the  night-time,  shall  have  a lighted  lamp  fixed 
in  or  upon  a conspicuous  part  of  the  front  thereof.  Any  owner 
or  driver  of  an}^  such  vehicle,  who  shall  violate  or  fail  to  comply 
with  the  requirements  of  this  section,  shall  incur  a penalty  of  not 
less  than  three  dollars  nor  more  than  ten  dollars  for  each  offense. 

883.  Fees  to  be  charged.]  Duly  licensed  owners  or  drivers 

of  hacks,  hackney-coaches,  omnibuses  or  other  vehicles,  for 
the  conveyance  of  persons  or  passengers  for  hire,  within  said 
city,  shall  be  permitted  to  charge  and  receive  the  following  prices 
and  fees,  and  no  more,  to-wit : 

First — For  conveying  one  passenger  from  one  railroad  depot 
to  another,  within  the  city,  or  for  any  distance  not  exceeding 
one  mile,  fifty  cents;  for  each  additional  passenger  of  the  same 
family  or  party,  twenty-five  cents. 


VEHICLES. 


593 


Second — For  conveying  one  passenger  exceeding  one  mile, 
and  any  distance  within  the  corporate  limits,  one  dollar;  for 
each  additional  passenger  of  the  same  family  or  party,  fifty  cents. 

Third — For  conveying  children  between  five  and  fourteen 
years  of  age,  one-half  the  above  rates  may  be  charged  for  like 
distances;  but  no  charge  shall  be  made  for  children  under  five 
years  of  age. 

Fourth — For  the  use  by  the  day  of  any  hack,  hackney-coach, 
or  other  vehicle  drawn  by  two  horses,  with  driver,  not  exceeding 
eight  dollars. 

Fifth—  For  the  use  of  any  hackney-coach  or  other  two-horse 
carriage,  with  driver,  by  the  hour,  with  the  privilege  of  going 
from  place  to  place,  and  stopping  as  often  as  desired,  the  sum 
of  two  dollars  for  the  first  hour,  and  one  dollar  for  each  hour 
thereafter. 

Sixth — Each  adult  passenger  in  any  such  vehicle  shall  be 
allowed  to  have  conveyed  thereon,  without  charge,  his  ordinary 
traveling  baggage,  including  one  trunk. 

884.  Rates  of  fare  to  be  posted  in  hack,  etc. — penalty.] 

Every  licensed  owner  or  driver  of  any  hack,  hackney-coach, 
omnibus,  or  other  vehicle  for  the  conveyance  of  persons  for  hire, 
within  said  city,  shall  place  and  keep  fixed  in  some  conspicuous 
part  of  the  interior  of  his  vehicle,  where  it  can  be  conveniently 
read  by  persons  riding  in  the  same,  a printed  card  containing 
the  number  of  his  license,  and  a copy  of  the  foregoing  section 
of  this  article,  prescribing  the  rates  or  fares  authorized  to  be 
charged  for  transporting  passengers.  Any  violation  or  failure  to 
comply  with  the  requirements  of  this  section  shall  subject  the 
offender  to  a penalty  of  three  dollars,  and  to  a further  penalty 
of  one  dollar  for  each  day,  after  the  first  conviction,  that  he 
shall  continue  to  violate,  or  fail  to  comply  with,  the  same. 

885.  Driver  to  remain  with  vehicle  at  depot — proviso.] 

Every  driver  or  runner  of  any  hack,  hackney-carriage,  omnibus, 
dray,  baggage  wagon  or  other  vehicle  for  the  conveyance  of  pas- 
sengers or  baggage  for  hire,  shall  w^hile  at  any  railroad  depot 
wfithin  said  city,  remain  with  his  vehicle,  and  it  shall  be  unlavr- 
ful  for  any  driver  or  runner  aforesaid  to  leave  his  vehicle  at  any  > 


594 


GENERAL  ORDINANCES  OF  CITY. 


passenger  depot  to  solicit  passengers  for  any  hotel,  boarding 
house,  or  other  place,  under  a penalty  of  not  less  than  five  nor 
more  than  ten  dollars  for  each  offense:  Provided,  that  this  sec- 

tion shall  not  be  construed  to  prevent  any  driver  or  runner 
from  obtaining  the  baggage  of  travelers  or  other  persons  who 
may  employ  him  at  such  depot.  [Passed  January  6,  1896. 

886.  Driver  refusing  to  carry  any  person,  or  to  do  as  re- 
quested— penalty.]  Any  person,  being  the  driver  or  manager 
of  any  vehicle  for  the  conveyance  of  passengers  for  hire,  li- 
censed under  any  ordinance  of  the  city,  who  shall,  when  re- 
quested, and  on  the  tender  of  his  lawful  fare,  refuse  to  carry 
anv  person,  unless  actually  engaged  at  the  time;  or  who,  hav- 
ing undertaken  to  carry  any  person,  shall  neglect  or  refuse  to 
do  as  requested,  he  shall,  in  either  case,  be  subject  to  a penalty 
of  not  less  than  two  dollars  nor  more  than  ten  dollars. 

887.  Baggage  left  in  hack  to  he  sent  to  police  headquarters 
— penalty.]  Whenever  any  article  of  baggage,  or  package  of 
goods,  shall  be  left  by  any  person  in  or  upon  any  licensed  hack, 
hackney-coach,  omnibus,  dray,  wagon,  or  other  vehicle  for  the 
conveyance  of  passengers,  goods  or  baggage,  within  the  city; 
or  when  any  such  article  or  package  shall  be  left  in  the  care  of 
the  driver  or  runner  of  such  vehicle,  such  driver  or  runner 
shall,  upon  the  discovery  thereof,  forthwith  deliver  the  same 
at  police  headquarters,  into  the  hands  of  the  officer  on  duty 
there,  unless  such  article  or  package  shall  be  sooner  delivered 
by  him  to  the  owner  or  person  entitled  to  the  possession  thereof. 
Any  driver  or  runner  of  any  such  vehicle,  neglecting  or  refus- 
ing to  comply  with  any  provision  of  this  section,  shall  forfeit 
and  pay  a penalty  of  not  less  than  two  dollars  nor  more  than 
twenty-five  dollars  in  each  case. 

888.  Omnibuses,  etc.,  to  have  designated  stands  at  railroad 
depots.]  Omnibuses,  carriages  and  other  vehicles  for  the  con- 
veyance of  passengers  for  hire,  and  baggage  wagons  to  and  from 
the  various  railroad  depots  in  the  city,  shall  have  certain  desig- 
nated stands,  as  follows: 

At  the  Wabash  railroad  depot,  omnibuses  shall  be  entitled  to, 
and  shall  have  an  open  space  of  not  less  than  for  four  omnibuses 
on  the  north  side  of  Washington  street,  adjoining  Tenth  street, 


VEHICLES. 


595 


and  on  the  south  side  of  Jefferson  street,  adjoining  Tenth  street, 
the  baggage  and  express  wagons  shall  have  an  open  space  of 
twenty-four  feet. 

At  the  Chicago,  Alton  and  St.  Louis  railroad  depot,  the  omni- 
buses shall  have  an  open  space  on  the  south  side  of  Jefferson 
street,  adjoining  Third  street,  of  not  less  than  room  for  two 
omnibuses,  and  on  the  north  side  of  Washington  street,  adjoin- 
ing Third  street,  an  open  space  of  room  for  not  less  than  two 
omnibuses. 

At  the  Baltimore  & Ohio  Southwestern  and  Illinois  Central 
railroad  depot  the  omnibuses  shall  have  an  open  space  on  the 
east  side  of  Fifth  street,  adjoining  Madison  street,  of  room  for 
not  less  than  four  omnibuses,  and  on  the  west  side  of  Sixth 
street,  adjoining  Madison  street,  the  omnibuses  shall  have  an 
open  space  of  room  for  not  less  than  four  omnibuses.  And  all 
carriages  conveying  passengers  to  and  from  depots  shall  be  en- 
titled to  and  occupy  sufficient  space  next  to  the  said  omnibus 
stands,  subject  to  the  direction  of  the  chief  of  police:  Pro- 

vided, the  wagon  carrying  the  United  States  mail  shall  in  no 
way  be  interfered  with  or  obstructed  in  the  delivery  of  mail. 
Every  person,  company  or  corporation  owning  an  omnibus  or 
omnibuses  running  to  and  from  the  various  railroad  depots  in 
the  city  shall  pay  an  additional  license  fee  of  fifty  dollars  an- 
nually. [As  amended  January  3,  1899. 

889.  Penalty  for  violation.]  Any  person  who  shall  violate 
the  provisions  of  this  ordinance  shall  be  deemed  guilty  of  a mis- 
demeanor and  shall  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  each  and  every  offense.  [Passed 
January  &0,  1896. 

Article  II. 

DRAYS,  CARTS  AND  WAGONS. 

890.  Must  be  licensed — penalty — proviso.]  No  person  shall 
engage  in  or  follow  the  occupation  of  transporting  goods  for 
hire,  in  any  vehicle,  or  shall  keep,  own  or  use  any  dray,  cart, 
wagon,  or  other  vehicle  for  the  purpose  of  carrying  goods,  mer- 
chandise or  other  property,  for  hire  or  gain,  from  one  place  to 
another,  within  the  city  of  Springfield,  without  having  obtained 


GENERAL  ORDINANCES  OF  CITY. 


59G 

a license  therefor  from  the  city,  under  the  penalty  of  not  exceed- 
ing live  dollars  for  each  load  or  parcel  so  carried  without  license: 
Provided , that  for  wagons  or  other  vehicles  kept  or  used  by  mer- 
chants, manufacturers*  lumbermen,  or  other  persons,  for  the 
carrying  of  their  own  property,  or  the  delivery  without  charge 
of  articles  or  goods  sold  by  them,  or  for  the  hauling  of  earth, 
sand  or  building  material,  no  license  fee  shall  be  required. 

891.  License,  how  to  obtain — bond.]  Any  person  wanting 
a license  to  keep  or  run  any  dray,  cart,  job  or  express  wagon, 
or  other  vehicle  for  the  carrying  of  goods  or  property  for  hire, 
shall  apply  in  writing  to  the  mayor,  and  upon  paying  into  the 
city  treasury  the  license  fee  prescribed  by  ordinance  for  such 
vehicle,  and  executing  a bond  to  the  city  in  the  penal  sum  of 
three  hundred  dollars,  with  sureties  to  be  approved  by  the  mayor, 
conditioned  for  the  prompt  delivery  of  all  property  entrusted 
to  his  care,  and  the  due  observance  of  all  ordinances  which  are 
or  may  be  in  force,  regulating  or  relating  to  his  business  or  oc- 
cupation, such  applicant  shall  be  entitled  to  receive  a license 
in  due  form,  and  such  license  may  be  issued  to  either  the  owner 
or  driver  of  the  vehicle. 

892.  License  number  to  be  placed  on  vehicle.  ] Every 

licensed  owner  or  driver  of  any  such  vehicle,  engaged  in  hauling 
goods  or  property  for  hire,  within  said  city,  shall  have  placed 
or  painted  on  the  outside  of  the  bed  or  body  of  his  vehicle,  in 
plain  figures,  the  number  of  his  license,  and  shall  keep  the  same 
so  fixed  or  painted  thereon  during  the  continuance  of  such  license, 
under  a penalty  of  one  dollar  for  each  day  that  such  vehicle  may 
be  used  without  being  numbered  as  aforesaid. 

893.  Rates  to  be  charged.]  Draymen,  carters,  and  owners 
or  drivers  of  job,  express  and  transportation  wagons,  licensed 
under  the  provisions  of  this  article,  or  any  ordinance  of  said 
city,  and  engaged  in  hauling  goods,  wares  or  merchandise,  from 
one  place  to  another,  for  hire  or  reward,  shall  be  allowed  to 
charge  and  receive,  including  loading  and  unloading  of  the  same, 
the  following  rates  or  prices,  to-wit : 

First — For  transporting  each  load  of  500  pounds  weight  or 
less,  within  a distance  of  four  blocks,  thirty-five  cents ; over  four 


VEHICLES. 


597 


blocks  and  not  exceeding  eight  blocks,  forty  cents;  over  eight 
, blocks  and  within  the  city  limits,  fifty  cents. 

Second — For  loads  of  over  500  pounds  weight,  and  when  the 
distance  is  more  than  four  blocks,  twenty-five  cents  extra 
per  load. 

Third — For  each  load  of  household  furniture,  of  one-horse 
truck,  within  four  blocks,  fifty  cents;  over  four  blocks  and 
within  the  city  limits,  one  dollar. 

Fourth — For  a double  truck  load  of  household  goods  or 
furniture,  within  four  blocks,  seventy-five  cents ; over  four 
blocks  and  within  the  city  limits,  one  dollar  and  fifty  cents. 

894.  Driver  shall  produce  list  of  rates  upon  request — false 
list — penalty.]  Every  person  licensed  as  aforesaid  to  keep 
or  use  a dray,  cart,  wagon  or  other  vehicle,  for  the  carrying 
of  goods  or  property  for  hire,  within  said  city,  shall  at  all 
times  keep  a certified  copy  of  the  foregoing  section  of  this  ar- 
ticle prescribing  the  rates  authorized  to  be  charged  for  such 
sendees,  and  shall,  upon  demand,  produce  the  same  for  the  in- 
spection of  any  person  employing  him,  under  a penalty  of 
three  dollars  for  every  neglect  or  refusal  so  to  do.  And  if 
any  person  so  licensed  shall  produce  any  false  or  fraudulent 
certificate  of  rates  to  any  person  employing  him,  or  seeking 
to  employ  him,  he  shall  be  subject  to  a penalty  of  not  less 
than  five  dollars  nor  more  than  fifty  dollars,  and  it  shall  be 
cause  for  revoking  his  license. 

895.  Refusal  to  carry  load,  or  to  do  as  requested — penalty.] 

No  person,  being  the  driver  of  any  dray,  cart,  wagon,  or  other 
vehicle  for  transporting  goods  or  property  for  hire,  licensed 
under  any  ordinance  of  said  city,  shall,  when  requested  by 
any  one,  and  upon  the  tender  of  his  lawful  fare,  refuse  to  carry 
any  load  or  parcel,  unless  actually  employed  at  the  time;  nor, 
having  undertaken  to  carry  any  load  or  parcel,  shall  neglect 
or  refuse  to  do  so  as  requested,  under  a penalty,  in  either  case, 
of  not  less  than  two  dollars  nor  more  than  ten  dollars. 

896.  Excessive  rates— penalty.]  If  any  owner  or  driver  of 
any  vehicle,  within  said  city,  whether  licensed  as  aforesaid  or 
otherwise,  and  whether  for  the  transporting  of  goods  or  pas- 
sengers for  hire,  shall  ask,  take,  charge  or  receive,  either  be- 


598 


GENERAL  ORDINANCES  OF  CITY. 


fore  or  after  the  work  is  done,  any  greater  sum  for  any  trans- 
portation than  he  is  authorized  by  ordinance  to  charge,  he 
shall  refund  the  excess  of  fare  so  received,  and  shall,  on  con- 
viction, be  fined  not  less  than  five  dollars  nor  more  than  fifty 
dollars  for  each  offense. 


Article  III. 

STANDS  FOR  LICENSED  VEHICLES — REGULATED  BY  THE  POLICE 
SUPERINTENDENT. 

897.  Public  stand  for  vehicles.]  So  much  of  Washington, 

Adams,  Fifth  and  Sixth  streets,  as  is  included  within  the 
Court  House  side  or  sides  of  the  Public  Square,  in  the  city  of 
Springfield,  is  hereby  designated  and  set  apart  as  a public 
stand  for  the  use  of  vehicles,  licensed  under  the  ordinances 
of  said  city  for  trasporting  either  persons  or  property  for 
hire,  while  waiting  for  employment. 

898.  Where  and  how  vehicles  shall  stand.]  It  shall  be  the 

duty  of  the  superintendent  of  police  of  the  city  to  designate 
the  respective  places  within  said  defined  space  or  limits  for 
the  different  kinds  of  licensed  vehicles  to  stand,  so  that  each 
class  shall  be  kept  together:  Provided , that  no  vehicle  shall 

be  permitted  to  stand  crosswise  to  the  street,  nor  less  than  fif- 
teen feet  from  any  street  crossing  on  said  public  square,  nor 
so  as  to  obstruct  or  impede  the  way  to  any  of  the  four  main 
entrances  to  the  Court  House  grounds. 

899.  No  other  stand — penalty.]  Ho  owner  or  driver  of  any 
vehicle,  licensed  as  aforesaid,  shall  make  a regular  stand,  while 
waiting  for  employment,  at  any  other  place  on  any  street, 
avenue  or  public  ground,  than  is  above  provided  in  this  ar- 
ticle, under  a penalty  of  two  dollars  for  each  offense,  and  a 
further  penalty  of  one  dollar  for  each  day,  after  the  first  con- 
viction, that  the  same  may  be  continued. 

900.  Driver  may  pursue  vocation  at  railroad  depots — pen- 
alty.] All  owners  or  drivers  of  licensed  vehicles,  for  the  con- 
veyance of  either  goods  or  passengers  from  one  place  to  an- 
other, for  hire  or  reward,  may  pursue  their  vocations  at  or 
about  any  of  the  railroad  depots  in  said  city,  subject  to  such 


VEHICLES. 


599 


reasonable  rules  and  regulations,  not  inconsistent  with  the 
ordinances,  as  shall  be  prescribed  for  their  government  by  the 
superintendent  of  police,  with  the  concurrence  of  the  mayor; 
and  for  any  violation  of  such  rules  and  regulations  of  said 
superintendent,  after  the  same  shall  have  been  made  and  posted 
upon  or  about  said  depots,  the  offender  shall,  for  each  offense, 
be  subject  to  a fine  of  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars. 

901.  Police  may  order  away  any  vehicle  when — penalty.] 

The  superintendent,  or  any  member  of  the  police  force,  shall 
have  power  and  authority  to  order  away  from  any  public 
stand,  railroad  depot,  or  other  public  ground,  within  said  city, 
any  hack,  hackney-coach,  omnibus,  dray,  cart,  wagon,  or  other 
vehicle  for  the  conveyance  of  either  persons  or1  property  for 
hire,  whenever  the  same  shall  be  obstructing  any  way  or  street, 
or  whenever  the  horses  or  other  animals  attached  thereto  are 
unruly  or  unsafe,  or  whenever  the  driver  or  person  having 
charge  of  any  such  vehicle  is  intoxicated  or  disorderly.  If  any 
driver  or  other  person,  being  in  charge  of  any  such  vehicle, 
shall  neglect  or  refuse  to  obey  any  such  order  of  the  superin- 
tendent or  other  police  officer  of  the  city,  he  shall,  on  convic- 
tion, be  fined  not  exceeding  five  dollars  for  every  such  offense. 


GOO 


GENERAL  ORDINANCES  OF  CITY. 


CHAPTER  XXX. 

. WATER  WORKS. 

Article  I.  Transfer  to  City. 

II.  Protection  antf  Government  of. 

III.  Rules  and  Regulations. 

Article  I. 

TRANSFER  TO  CITY. 

902.  Control  of  assumed  by  city — council  to  make  changes, 
etc. — mayor  to  appoint  committee.]  The  control  and  manage- 
ment of  the  water  works  of  the  city  of  Springfield  with  all 
the  lands,  right  of  way,  pumping  works,  wells,  galleries,  ma- 
chinery, reservoir,  water  mains,  distributing  pipes,  hydrants, 
meters,  water  rents,  liens  and  effects  of  every  kind  appertain- 
ing to  said  water  wrorks,  heretofore  under  the  direction  and 
control  of  the  Board  of  Water  Commissioners  of  the  city  of 
Springfield,  by  virtue  of  the  provisions  of  an  act  of  the  Gen- 
eral Assembly  of  the  State  of  Illinois  approved  February  21, 
1861,  entitled  “An  act  to  incorporate  the  Springfield  Water 
Works  Company”  and  the  several  acts  amendatory  thereof, 
is  hereby  assumed  hy  the  city  of  Springfield,  and  the  city 
council  of  said  city  shall  make  all  necessary  changes  and  im- 
provements in  the  works,  and  there  shall  be  appointed,  by  the 
mayor  a committee  consisting  of  one  member  from  each  ward 
to  wThom  all  matters  pertaining  to  the  water  works,  may  be 
referred. 

903.  Council  to  fix  water  rates,  which  shall  be  a lien  upon 
property.]  The  city  council  shall,  from  time  to  time,  fix  and 
assess  the  amounts  to  be  paid  for  water  used  for  each  and 
every  purpose  in  each  house,  building  and  premises  by  any 
owner  or  occupant,  against  any  lot  or  parcel  of  ground  hav- 
ing any  building  thereon,  which  shall  abut  or  adjoin  any  street 


WATER  WORKS. 


601 


or  alley  of  the  city  through  which  water  pipes  may  be  laid, 
which  may  be  supplied  from  such  pipes,  and  may  do  this  upon 
such  basis  as  they  may  deem  just  and  equitable.  Such  rates 
or  charges,  when  fixed,  shall  be  and  become  a continuing  lien 
or  charge  upon  such  lot  or  parcel  of  ground,  and  shall  be  col- 
lected and  enforced  as  hereinafter  provided. 

904.  Superintendent — when  and  how  appointed — bond — 
duties.]  There  shall  be  appointed  by  the  mayor,  by  and  with 
the  consent  of  the  city  council,  on  the  first  Monday  in  May 
of  each  year,  or  as  soon  thereafter  as  practicable,  a superin- 
tendent of  the  water  works,  who  shall  have  the  immediate 
supervision  of  the  works,  under  the  direction  of  the  city  coun- 
cil, and  the  employing  of  all  necessary  help  in  the  prosecu- 
tion of  the  work,  and  he  sliall  give  bond  in  the  sum  of  ten 
thousand  dollars  for  the  faithful  performance  of  his  duty. 

905.  Collector  of  water  rates — when  and  how  appointed — 

duties — report — bond.]  There  shall  be  appointed  by  the  mayor, 

on  the  first  Monday  in  May  in  each  year,  or  as  soon  thereafter 
as  practicable,  by  and  with  the  consent  of  the  city  council,  a 
collector  of  water  rates,  whose  duty  it  shall  be  to  keep  all 
the  accounts  and  books  of  the  city  relating  to  the  assessment 
and  collection  of  water  rates,  and  to  collect  alL  water  rates, 
and  to  perform  all  the  clerical  labor  connected  with  the 
transaction  of  the  business  of  the  works,  and  to  have  all  the 
books  and  papers  subject  to  the  inspection  of  the  city  coun- 
cil, and  to  pay  all  collections  of  water  rates  and  all  moneys 
received  by  him  in  his  official  capacity  to  the  treasurer  of  the 
city,,  taking  his  receipt  therefor,  and  said  treasurer  shall  hold 
the  funds  so  received,  separate  and  apart  from  all  other  funds 
of  the  city.  Said  collector  of  water  rates  shall  make  a report  to 
the  council,  on  or  before  the  first  Monday  in  each  month,  show- 
ing the  amount  of  receipts  and  expenditures  on  account  of  the 
water  works  for  the  month  preceding,  and  he  shall  be  required 
to  give  bond  for  the  faithful  performance  of  his  duty,  in  the 
sum  of  twenty-five  thousand  dollars. 

906.  Water  rents  not  paid  by  certain  time  to  become  a lien 
against  property — collector  to  give  notice.]  All  water  rents 
or  charges  for  the  use  of  city  water  shall  be  paid  according  to 
the  rules  that  may  be  adopted  by  the  city  council,  and  all  rents 


—21 


G02 


GENERAL  ORDINANCES  OF  CITY. 


or  charges  not  so  paid  to  the  collector  of  water  rates,  on  or  be- 
fore the  first  day  of  February  of  each  year,  for  the  then  current 
calendar  year,  shall  become  a continuing  lien  against  the  prop- 
erty charged  with  such  water  rate,  and  it  shall  be  the  duty  of 
the  mayor  and  comptroller  of  the  city,  to  issue  to  the  city  col- 
lector of  special  taxes  and  special  assessments,  a warrant  re- 
citing the  unpaid  water  rates  for  the  then  current  calendar  year, 
with  the  description  of  the  property  liable  therefor  and  the 
name  of  the  owner  so  far  as  known,  and  commanding  him  to  col- 
lect the  amounts  therein  specified.  The  said  collector  shall 
at  once  give  public  notice  that  such  warrants  are  in  his  hands 
for  collection,  by  publication  for  five  successive  days,  in  a daily 
newspaper  published  in  this  city. 

907.  County  treasurer  shall  sell  property  for  delinquent 
water  rates.]  The  county  treasurer  shall  extend  such  delin- 
quent water  rates  against  the  property  described  in  the  warrant 
and  shall  proceed  to  obtain  judgment  against  said  property  at 
the  same  time  and  in  the  same  manner  as  is  provided  by  law 
for  obtaining  judgment  for  state  and  county  taxes,  and  he  shall, 
in  the  same  manner,  proceed  to  sell  the  same  as  for  state  and 
county  taxes. 

908.  No  one  to  use  water  without  permit  and  payment  of 
tax — city  may  shut  off  water.]  No  person  shall  be  permitted 

to  take  water  from  any  water  main  or  private  hydrant  without 
a written  permit  from  the  superintendent  of  the  water  works, 
or  the  collector  of  water  rents,  and  payment  of  the  wrater  tax  re- 
quired, and  a failure  on  the  part  of  any  water  consumer  to  pay 
the  water  tax  to  the  collector  of  water  rates,  according  to  the 
rules  that  may  be  adopted  by  the  city  council  before  return  of 
the  warrant  to  the  county  treasurer  shall  give  the  city  the  power 
to  shut  off  the  water  from  such  consumer.  And  the  city  reserves 
the  right  to  shut  off  water  from  any  consumer  who  after  due 
notice  persists  in  any  violation  of  rules  or  ordinances  regulating 
the  water  supply. 

909.  Duties  and  powers  of  council.  All  duties  heretofore 
imposed  upon  and  all  powers  given  the  board  of  water  commis- 
sioners by  ordinances  of  the  city,  are  to  be  performed  and  exe- 
cuted b}'  the  c-ityr  council. 


WATER  WORKS. 


603 


910.  Commissioners  to  turn  over  property,  etc.]  Upon  the 

passage  of  this  ordinance  and  its  approval  by  the  mayor,  the 
acting  board  of  water  commissioners  shall  be  called  upon  to 
turn  over  all  property,  title  deeds,  moneys  and  accounts  to  the 
mayor  of  the  city,  or  to  proper  officers  designated  by  him,  taking 
his  or  their  receipt  for  the  same. 

911.  Present  superintendent  and  secretary  to  serve  until 
their  successors  appointed.]  Until  the  appointment  of  the 
superintendent  and  collector  of  water  rates  and  their  qualifica- 
tion as  provided  in  sections  3 and  4 of  this  ordinance  (being 
sections  904  and  905  of  this  General  Code)  the  appointees  of 
the  acting  board  of  water  commissioners  to  the  places  of  super- 
intendent and  secretary  are  authorized  to  fill  these  places  re- 
spectively at  the  salaries  allowed  them  by  the  said  board. 

912.  Repeal.]  All  ordinances  or  parts  of  ordinances  in  con- 
flict herewith  are  hereby  repealed. 

Article  II. 

PROVISIONS  RELATING  TO  THE  GOVERNMENT  AND  PROTECTION  OF 
THE  WATER  WORKS. 

913.  Slaughter  house,  etc.,  carcass,  etc.,  hogs,  etc.,  filth,  etc. 
— unlawful — penalty.]  It  shall  be  unlawful  for  any  person  or 
persons  to  erect  or  maintain  any  slaughter-house,  lard  or  tallow 
rendery,  soap  factory,  tannery  or  distillery  upon  or  near  the 
Sangamon  river,  above  the  pumping  works  building  of  said 
water  works,  and  below  the  town  of  Riverton,  in  Sangamon 
county;  and  no  person  shall  throw  or  deposit  any  dead  animal 
or  carcass,  or  any  filth  into  the  Sangamon  river  within  three 
hundred  yards  below  said  pumping  works,  or  put  or  drive  any 
hogs  or  other  animals  into  or  across  said  river,  within  a like 
distance  above  or  below  said  works.  Nor  shall  any  person  throw 
or  deposit  any  filth,  offal  dead  animal  or  other  unhealthy  mat- 
ter or  substance  in  said  river,  above  said  pumping  works,  or 
above  the  point  or  place  from  which  the  city  of  Springfield  is 
supplied  with  water,  and  within  five  miles  without  the  corporate 
limits  of  said  city.  Whoever  shall  violate  any  of  the  foregoing 
provisions  of  this  section,  shall  be  deemed  guilty  of  polluting 


604 


GENERAL  ORDINANCES  OF  CITY. 


or  injuring  the  waters  of  said  Sangamon  river,  and  shall,  upon 
conviction,  be  fined  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars  for  each  and  every  offense. 

914.  Bathing  in  Sangamon  river — where  unlawful — pen- 
alty.] It  shall  be  unlawful  for  any  person,  at  any  time,  to  go 
into  the  Sangamon  river  to  bathe  or  swim,  within  five  hundred 
yards  above  said  pumping  wnrks  building,  or  within  three  hun- 
dred yards  below  the  same,  under  a penalty  of  not  less  than 

• three  dollars  nor  more  than  ten  dollars  for  each  offense;  and 
it  shall  be  the  duty  of  the  city  council  and  the  superintendent 
to  see  that  the  provisions  of  this  and  the  preceding  sections  of 
this  article  are  strictly  enforced. 

915.  Reservoir — shrubbery — grounds — penalty  for  injury  to 
— offenders  to  be  prosecuted.]  No  person  shall  ascend  or  climb 
up  and  down  the  reservoir  embankment  of  said  water  works, 
except  by  the  stairways  built  for  that  purpose,  or  in  any  way 
injure  said  embankment,  or  any  water  main  or  pipes  connected 
with  the  reservoir;  nor  shall  injure,  remove  or  carry  away  any 
tree,  shrub  or  plant,  or  anything  placed  in  the  reservoir  grounds 
for  use  or  ornament;  nor  shall  cut,  deface  or  injure  any  shade 
tree,  gateway,  fence,  or  other  inclosure  belonging  to  the  reser- 
voir grounds  ; nor  shall  throw  or  deposit  any  filth,  offal  or  dead 
animal  into  the  reservoir  basin,  or  into  the  lakes  surrounding 
the  same,  under  a penalty  of  not  less  than  three  dollars  nor 
more  than  one  hundred  dollars  for  each  offense.  It  is  hereby 
made  the  duty  of  the  superintendent  of  the  water  works,  and  of 
the  watchman  in  charge  of  said  reservoir  grounds  or  park, 
to  prosecute  all  persons  violating  any  of  the  provisions  of  this 
section. 

916.  Using  water  without  permit — penalty.]  No  person 
shall  take  or  use  any  water  from  any  private  hydrant,  or  from 
any  cistern  which  may  have  been  filled  in  whole  or  in  part  from 
the  water  works,  unless  such  person  shall  have  paid  for  the 
same,  and  received  a permit  to  do  so  from  the  superintendent 
of  said  works,  under  a penalty  of  not  exceeding  five  dollars 
for  each  and  every  offense. 

917.  Penalty  for  taking  water  from  hydrant  without  per- 
mission.] Any  person  or  persons  taking  water  from  any  public 


WATER  WORKS. 


G05 


hydrant  by  use  of  wrench  or  otherwise,  without  the  written  per- 
mission of  the  superintendent  of  the  water  works,  shall  be  fined 
five  dollars  for  each  offense,  and  shall  pay  at  the  rate  of  fifty 
cents  per  one  thousand  gallons  for  all  water  so  taken.  [Passed 
July  6,  1897. 

918.  Water  shut  off  for  non-payment.]  Upon  the  return  of 
any  bill  to  the  office  of  said  board  for  non-payment,  the  water 
may  immediately  be  shut  off  from  the  consumer  so  failing  to  pay ; 
and  when  there  is  a cistern  on  the  premises,  it  shall  not  be 
turned  on  again  until  the  water  rent  is  paid  as  in  ordinary  cases, 
and  also  all  back  rent,  including  up  to  the  end  of  the  term  or 
half  year  in  which  the  water  was  turned  off,  and  where  there  is 
no  cistern  on  the  premises,  the  back  rents  shall  be  paid  up  to 
the  time  when  the  water  was  shut  off. 

919.  Ferrule  may  be  drawn — when,  etc. — proviso.]  In  all 

cases  where  there  is  a cistern  on  the  premises,  and  the  water 
from  said  works  in  not  used  and  paid  for  for  three  months  in 
succession,  it  shall  be  unlawful  for  the  superintendent  to  have 
the  ferrule  drawn  at  the  expense  of  the  owner  of  the  premises, 
or  of  the  person  who  may  wish  the  water  turned  on  again : Pro- 

videdl,  that  ten  days5  notice  shall  be  given  to  the  owner  or  occu- 
pant of  such  premises  before  the  ferrule  is  drawn,  and  the  same 
rule  shall  apply  to  all  hydrants  that  have  not  been  used  and  paid 
for  during  the  preceding  three  months;  and  when  there  is  no 
cistern  on  the  premises  and  the  hydrant  or  other  fixture  is  or  shall 
be  out  of  use  for  six  months,  the  superintendent  shall,  in  like 
manner,  have  power  to  cause  the  ferrule  to  be  drawn  at  the  ex- 
pense of  the  owner  or  occupant  of  the  premises ; and  in  all  cases 
where  the  water  has  been  turned  off  for  non-payment  of  the 
water  rent,  or  by  any  other  rule,  by  order  of  any  officer  thereof, 
and  afterward  found  on  again,  the  superintendent  shall  cause 
the  ferrule  to  be  drawn,  and  it  shall  not  be  re-instated  again 
until  all  back  rents  are  paid  up,  and  five  dollars  additional  for 
drawing  and  replacing  the  ferrule.  This  section,  and  the  sec- 
tion immediately  preceding,  shall  not  be  so  construed  as  to  affect 
new  occupants  of  premises,  who  are  not  indebted  for  previous 
water  rents. 

920.  Where  cistern  on  line  water  not  to  be  used  unless,  etc.] 

In  all  cases  where  there  is  a cistern  on  a line  between  two  sepa- 


GENERAL  ORDINANCES  OF  CITY. 


GOG 


rate*  premises,  so  situated  that  it  can  be  filled  from  any  hydrant 
or  pipe  connected  with  the  water  works,  and  liable  to  be  used 
by  the  occupants  of  both  premises,  the  water  shall  not  be  allowed 
on  either,  unless  all  the  families  using  such  water  from  such 
cisterns  shall  pay  proportionately  for  the  same. 

921.  Plumbers  to  obtain  permits,  etc.]  All  plumbers  desir- 
ing to  obtain  permits  to  make  attachments,  enter  hydrants,  or 
to  do  any  plumbing  work  in  connection  with  the  water  works 
in  the  city  of  Springfield,  shall,  before  receiving  any  permit 
so  to  do,  file  in  the  office  of  the  superintendent  their  petition  in 
writing,  giving  their  place  of  business  and  the  name  of  the  per- 
son or  firm,  asking  to  become  or  continue,  as  the  case  may  be,  a 
plumber  in  connection  with  said  works,  stating  their  willingness 
to  be  governed  by  the  by-laws,  rules  and  regulations  of  said 
works,  passed  by  the  city  council  of  said  city,  and  every  such 
plumber  shall  conform  to  and  be  subject  to  all  and  singular  the 
rules  and  regulations,  conditions  and  penalties  herein  provided, 
or  which  may  hereafter  be  adopted  by  said  city  council. 

922.  Plumbers  to  make  complete  returns  of  work  done  and 
the  location  of  same.]  All  plumbers  shall  make  full  and  com- 
plete returns  of  the  uses  for  and  to  which  water  is  applied,  under 
any  permit  granted  to  enter  any  premises,  or  to  make  any  at- 
tachments in  connection  with  said  water  works;  said  returns 
to  be  made  by  the  plumber  or  plumbers  doing  the  work,  on  the 
first  day  of  each  month,  showing  the  work  done  during  the  pre- 
ceding month.  And  no  water  shall  be  let  on  to  any  premises 
until  a full  return  is  made  by  the  plumber,  in  accordance  with 
the  rules  and  regulations  hereinafter  prescribed.  In  making 
such  report  or  return  of  permits,  the  . plumber  shall  make  an  ac- 
curate and  complete  measurement  of  the  distance  north,  south, 
east  and  west  from  the  corner  of  the  nearest  street  running  at 
right  angles  with  the  street,  alley,  or  other  public  place,  from 
which  such  entry  is  made,  the  measurement  to  be  made  in  a 
direct  line  with  the  face  or  front  of  the  houses  on  such  right 
angle  street;  said  return  shall  also  state  the  name  of  the  street 
containing  the  pipe  into  which  such  entry  has  been  made,  and 
whether  the  hydrant  or  other  fixtures  enters  on  the  north,  south, 
east  or  west  side  of  the  same,* the  exact  location  of  the  stop-cock, 
and  how  far  back  of  the  stop-cock  such  hydrant  or  fixture  is 


WATER  WORKS. 


607 


placed.  It  shall  be  the  duty  of  the  superintendent  of  the  water 
works  to  see  that  the  provisions  of  this  section  are  strictly  com- 
plied with  in  all  respects. 

923.  Water  pipes  not  to  be  bored  nor  water  taken  without 
consent,  etc. — penalty.]  No  street,  alley,  highway  or  other 
public  place  shall  be  opened,  or  public  pipes  bored,  or  attach- 
ments made  to  any  of  the  water  pipes  belonging  to  said  city, 
unless  under  the  direction  or  by  the  consent  of  the  superinten- 
dent, or  proper  officers  or  employes,  nor  shall  it  be  lawful  for  any 
person  or  persons  to  enter  and  conduct  water  from  said  pipes 
to  any  hydrant,  bath,  water-closet,  cistern,  or  for  any  other  pur- 
pose whatever,  except  in  accordance  with  the  written  consent  of 
the  proper  officers  of  the  water  works,  under  a penalty  of  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
and  every  such  offense. 

924.  Plumber  not  to  conduct  water  into  two  distinct  prem- 
ises, unless,  etc.]  No  plumber  shall  be  permitted  to  enter  the 
pipes  or  conduct  water  into  any  two  distinct  premises  or  tene- 
ments, unless  separate  and  distinct  stop-cocks  shall  be  placed 
on  the  inside  of  such  premises,  on  the  sidewalk,  or  in  the  alley 
opposite  the  same,  and  also  an  additional  main-stop  on  the  side- 
walk opposite  the  ferrule;  nor  shall  pipe  be  allowed  to  cross 
lots  to  adjoining  premises.  Every  service  pipe  must  be  pro- 
vided with  a stop  and  waste  so  situated  that  the  water  can  be 
shut  off  and  drained  from  the  pipe  to  prevent  freezing. 

925.  No  ferrule  to  be  entered  except,  etc. — distance  between 
ferrules,  etc.]  No  ferrule  shall  be  entered  by  any  plumber 
or  other  person  in  any  premises,  when,  a ferrule  has  been  pre- 
viously inserted,  or  water  conveyed  for  the  purpose  of  giving 
an  increased  or  additional  supply,  except  in  conformity  with 
and  subject  to  the  rules  and  regulations  of  said  water  works. 
Nor  shall  any  two  ferrules  be  entered  in  any  of  the  leading 
mains  within  the  distance  of  two  feet  from  each  other,  nor 
shall  any  of  the  main  pipes  of  the  city,  above  the  inside  diam- 
eter of  ten  inches,  be  tapped  for  any  purpose  except  to  make 
connection  with  other  mains,  or  for  fire  purposes;  nor  shall  any 
attachment  be  made  to  any  premises  where  the  use  of  water  has 
been  previously  had  or  obtained,  until  the  ferrule  or  ferrules 
previously  used  and  now  out  of  use  shall  be  drawn,  and  the 


608 


GENERAL  ORDINANCES  OF  CITY. 


opening  where  such  ferrule  or  ferrules  were  previously  inserted 
shall  have  been  securely  stopped  with  a brass  plug,  at  the  ex- 
pense of  the  person  owning  the  premises. 

926.  Ferrules — size  of.]  No  ferrule  shall  be  inserted  in 
in  any  of  the  leading  water  mains  above  the  size  of  five-eighths 
(%)of  an  inch  inside  diameter  of  opening,  unless  with  the 
consent  of  the  superintendent  of  the  water  works,  and  in  all 
cases  where  ferrules  of  a larger  size  are  asked  for,  permits  shall 
only  be  granted  to  enter  such  ferrules  on  condition  that  the 
parties  obtaining  such  grant  shall  pay  the  cost  of  ferrules. 

927.  Excavating — regulation  of.]  In  removing  pavements, 

or  making  excavations  for  the  purpose  of  inserting  ferrules, 
making  attachments  or  repairs,  the  earth  and  gravel  must  be 
deposited  in  such  manner  as  to  guard  against  inconvenience  to 
the  public,  by  obstructing  streets,  alleys  or  sidewalks.  Nor 
shall  any  hole  made  in  any  street,  alley  or  sidewalk  be  left  open 
and  unprotected  during  the  night. 

928.  Attachment  not  to  be  made  to  old  pipe,  etc. — no  altera- 
tion to  be  made.]  No  plumber  or  other  person  shall  make  any 
attachment  to  any  old  pipe  or  other  fixture,  which  has  been  shut 
off  by  the  rules  of  the  water  works,  or  which  is  out  of  use,  with- 
out having  first  obtained  a permit  or  reissue.  Nor  shall  any 
plumber  or  other  person  make  any  alteration  in  any  of  the  con- 
duct-pipes or  other  fixtures  attached  to  the  water  works,  so  as 
to  conduct  water  into  adjoining  premises,  without  written  per- 
mit to  do  so,  signed  by  the  proper  officer  of  said  works. 

929.  Hydrants — restrictions.]  No  person  shall  place  a 
hydrant  in  amr  front  yard  or  common  of  any  premises,  so  as  to 
be  easily  accessible  to  persons  living  in  or  occupying  neighbor- 
ing premises ; and  the  water  shall  not  be  allowed  to  pass  to  such 
hydrant,  or,  if  turned  on  to  any  hydrant  now  or  hereafter  so 
put  in,  shall  be  shut  off,  until  such  hydrant  is  removed  to  some 
unexposed  place  on  said  premises. 

930.  Ferrules  to  be  inserted  by  water-works  employes.]  All 

attachments  by  ferrules  or  otherwise  to  the  main  feeding  pipes 
shall  be  made  by  the  water  works  employes,  under  the  super- 
vision of  the  proper  officer  of  the  works,  and  all  ferrules,  and 


WATER  WORKS. 


609 


the  costs  of  inserting  the  same,  shall  be  paid  for  by  the  plumber 
in  whose  name  the  permit  issued. 

931.  Quality  and  strength  of  service  pipes.]  All  service 
pipe  of  whatever  nature  put  down  by  plumbers,  and  attached  to 
the  water  works,  shall  be  of  a quality  and  strength  equal  to  the 
standard  adopted  by  the  city  council.  In  all  cases  where  boil- 
ers are  supplied  a suitable  vacuum  or  safety  valve  must  be  ap- 
plied to  prevent  damage  from  collapsing  when  the  water  is  shut 
off  from  the  street. 

932.  Plumbers  to  give  certificate  of  repairs.  ] Plumbers 
making  repairs  to  hydrants  or  other  fixtures  attached  to  the 
water  works,  in  cases  where  the  water  has  been  shut  off  on  ac- 
count of  leaks  or  other  defects,  shall  give  to  the  owner  or  oc- 
cupant of  the  premises  a written  certificate,  stating  that  such 
hydrant  has  been  properly  repaired;  otherwise,  the  water  shall 
not  be  let  on,  and  no  plumber  shall,  after  making  such  repair, 
or  after  putting  in  any  new  hydrant  or  other  attachment,  leave 
the  stops  open  and  water  on. 

933.  Plumbers  to  report  attachment  within  ten  days.] 

Every  plumber  who  shall  make  an  attachment  to  any  hydrant 
or  pipe,  for  the  purpose  of  conducting  water  to  any  stable,  bath, 
water-closet,  or  for  any  additional  use,  shall  report  such  at- 
tachment or  change,  within  ten  days  thereafter,  and  enter  the 
same,  in  a concise  manner,  in  a book  to  be  kept  for  that  pur- 
pose in  the  office  of  the  water  works. 

934.  Penalty  for  violation  of  this  article.]  Any  plumber 
or  other  person  who  shall  violate  or  fail  to  comply  with  the| 
provisions  of  any  of  the  twelve  last  preceding  sections  of  this 
article,  shall,  upon  conviction  thereof,  be  fined  in  any  sum  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars  for 
each  offense,  and  shall  also  be  liable  for  all  damages  that  may 
accrue  to  the  water  works  from  any  such  violation  or  failure  to 
comply. 

935.  Schedule  of  water  rates.]  The  schedule  of  water  rates 
shall  be  as  follows : 


FIXTURE  RATES. 


Bath  per  annum,  dwelling 

Bath,  each  additional  in  dwelling. 
Bath,  public 


$ 2.40 
1.20 
3.00 


G 1 0 GENERAL  ORDINANCES  OF  CITY. 

Bath,  barbershop,  first  chair $4.00 

Bath,  barbershop,  each  additional  chair 2.50 

Bibb,  cock  plain 4.00 

Bibb,  cock  hose 8.00 

Bibb,  cock  bar 8.00 

Beer  pump 2.50 

Cellar  drainer 2.50 

Dye  works $4.00  to  20.00 

Engine,  per  horse  power '. 2.50 

Feed  yard,  per  hydrant 8.00  to  20.00 

Fountains 8.00  to  20.00 

Green  house,  per  hydrant 4.00  to  16.00 

Hydrants 4.00 

Heater,  steam 2.50 

Heater,  hot  water 1,00 

Laundry,  per  cock • 4.00  to  20.00 

Laundry,  first  tub  in  dwelling 2.50 

Laundry,  each  additional  tub  in  dwelling 1.50 

Lawn  sprinkler 4.00  to  8.00 

Sill  Cock 4.00 

Slop  sink 2.40 

Pantry  or  kitchen  sink 4.00 

Restaurant  lunch  rooms,  per  cock 4.00  to  8.00 

Soda  fountains 4.00  to  8.00 

Soda  water  factory .....' 4.00  to  20.00 

Sausage  factory 4.00  to  20.00 

Water  closet,  first  in  dwelling 2.40 

Water  closet,  each  additional  in  dwelling 1.20 

Water  closet,  public 3.00 

Wash  basin,  first  in  dwelling 2.40 

Wash  basin,  each  additional  in  dwelling 1.20 

Wash  basin,  public 3.00 

Wash  pavement 4.00 

Water  motor 5.00  to  20.00 

Water  by  tank,  per  tank .20 

Hydrants  and  sprinkler  for  summer  month,  per  month .80 

Urinal,  first  in  dwelling 2.40 

Urinal,  each  additional  in  dwelling.... 1.20 

Urinal,  Public 3.00 

BUILDING  PURPOSES. 

Bricklaying,  per  one  thousand $ .02 

Plastering,  per  square  yard .005 

Stonework,  per  perch .05 

Concrete,  per  cubic  yard .02 

Concrete  walks,  per  square  yard .005 

METER  RATES,  DOMESTIC  CONSUMERS. 

3. 000  to  5, 000  gallons  per  month,  per  thousand .25 

Each  additional  1000  gallons  up  to  25,000.  per  thousand .20 

Minimum  rate  per  month .75 

COMMERCIAL  METER  RATE. 

25.000  gallons  per  month  or  less,  per  thousand  gallons .20 

Over  25,000  gallons  per  month  per  thousand  gallons 1.25 

Providing  that  the  price  of  25,000  gallons  or  less,  shall  not  exceed  the 

price  of  25,000  gallons. 

Minimum  price  per  month 1.00 


WATER  WORKS. 


611 


MANUFACTURES. 

1.000. 000  gallons  or  less  per  month,  per  thousand  gallons .10 

Over  1,000,000  gallons  per  month  per  thousand  gallons .08 

Brick  yards  and  coal  mines,  per  1,000  gallons .16 

Over  1, 000, 000  gallons  per  thousand  gallons .10 

3.000. 000  gallons  or  over  per  month,  per  thousand  gallons .08 

RAILROADS. 

1.000. 000  gallons  or  less  per  month,  per  thousand  gallons .0125 

Over  1,000, 000  and  less  than  3,000,000  per  month,  per  thousand .10 

3. 000.  000  gallons  or  over  per  month,  per  thousand  gallons .08 


For  purposes  not  specified  in  the  regular  schedule  of  rates 
and  for  peculiar  and  extraordinary  purposes  the  rates  and  con- 
ditions for  the  use  of  water  shall  be  subject  to  special  permit, 
and  contract  with  and  by  the  superintendent  of  the  water  works. 

936.  Water  free  to  factories — conditions.]  All  factories 
locating  in  the  city  of  Springfield  hereafter,  and  giving  em- 
ployment regularly  to  at  least  fifty  men  are  to  be  furnished 
water  for  use  in  their  respective  plants  by  the  city  free  of  all 
charge  for  a period  of  ten  }rears  from  the  time  of  placing  their 
factories  or  plant  in  operation  and  after  the  expiration  of  the 
said  period  the  owners  or  persons  operating  said  factories  or 
plants  shall  pay  for  the  water  used  such  sum  as  is  established 
by  the  city  at  that  time. 

Article  III. 

RULES  GOVERNING  THE  USE  OF  WATER,  AND  REGULATING  PLUMB- 
ERS AND  PLUMBING  WORK. 

937.  Rules  and  regulations  governing  the  use  of  water.] 

The  following  rules  and  regulations  are  hereby  adopted,  govern- 
ing the  use  of  water  from  the  water  works  in  said  city : 

First — All  applications  for  water  shall  state  fully  and  truly 
all  the  purposes  for  which  it  is  required,  and  shall  be  signed 
by  the  owner  or  agent  of  the  premises ; and,  in  case  of  fraudulent 
use  of  the  water,  the  supply  will  be  stopped,  unless  the  person 
shall  promptly  pay  such  additional  and  reasonable  charges  as 
the  city  council  may  impose. 

Second — No  addition  or  alteration  whatever,  in  or  about  any 
conduct-pipe  or  water-cock,  shall  be  made,  or  caused  to  be  made, 
by  persons  taking  the  water,  without  notice  thereof  being  pre- 
viously given  to,  and  permission  had  from,  the  superintendent. 


UKNKKAL  OKDINANUES  OF  CITY. 


612 

Third — All  water  rents  for  the  year  from  July  1 to  July  1, 
shall  be  due  and  payable  on  the  first  day  of  January  in  each 
year,  at  the  office  of  the  collector  of  water  rates,  and  said  rents 
or  dues  shall  be  paid  by  the  owners  of  the  property,  or  by  the 
agents  of  said  owners.  [As  amended  June  21,  1897. 

Fourth — All  officers  and  employes  of  the  water-works  shall 
have  free  access,  at  all  reasonable  hours,  to  premises  where  water 
is  used. 

Fifth — Hydrants,  plugs,  stop-boxes,  hose,  and  all  other  at- 
tachments must  be  kept  in  complete  repair  by  the  owner  or  occu- 
pant of  the  premises. 

Sixth — No  person,  without  a written  permit  from  the  board, 
shall  be  allowed  to  turn  water  on  to  any  premises. 

Seventh — All  service  pipe  must  be  laid  at  least  four  feet 
below  the  surface  of  the  ground,  and  all  pipe  outside  the  pub- 
lic stop  must  be  “extra  strong.” 

Eighth — In  all  cases  where  more  than  one  family  or  con- 
sumer is  supplied  from  a pipe  or  pipes  governed  by  one  stop, 
the  owner  or  lessee  of  the  building,  or  the  party  introducing 
the  water,  must  become  responsible  for  the  payment  of  all  bills, 
and  the  keeping  in  good  repair  of  all  pipes,  hydrants,  etc.,  other- 
wise, the  water  will  be  shut  off  from  the  building  so  supplied, 
until  such  responsibility  is  assumed. 

Ninth — Hydrants  must  not  be  located  so  as  to  be  exposed 
to  use  by  non-paying  consumers,  and  all  hydrants  so  situated 
must  be  removed  to  some  secure  location,  upon  notice,  or  the 
water  will  be  turned  off.  No  hydrant  will  be  permitted  on  the 
sidewalk,  or  in  the  front  area  of  premises,  neither  will  they 
be  permitted  to  be  kept  running  when  not  in  actual  use  by  the 
owner  or  occupant.  Taps  at  wash-basins,  water-closets,  baths 
and  urinals  must  be  kept  closed  in  like  manner. 

Tenth — Upon  the  failure  to  pay  any  water  rate  within  thirty 
days  after  the  same  shall  become  due,  the  water  may  be  imme- 
diately shut  off,  and  where  the  ferrule  is  drawn,-  five  dollars 
additional  will  be  charged  for  re-setting  the  same. 

Eleventh — In  all  cases. where  water  is  turned  off  for  abuse, 
or  non-payment,  the  owner  or  occupant  of  the  premises  shall 


WATER  WORKS. 


613 


pay  fifty  cents  for  turning  off  the  water,  and  the  same  sum  for 
turning  it  on. 

Twelfth — No  ferrule,  stop-cock,  stop-box,  or  pipe  between 
the  stop-cock  and  street-pipe,  shall  be  removed  without  permis- 
sion of  the  superintendent. 

Thirteenth — Persons  using  water  from  the  works  and  any 
other  source,  as  wells  and  cisterns,  to  be  charged  full  rates  for 
their  establishments,  except  when  the  amount  taken  from  the 
water  works  is  determined  by  meter ; and  no  owner  of  any  house, 
building  or  premises,  where  water  is  introduced,  -shall  be  ah 
lowed  to  supply  or  permit  water  to  be  taken  by  any  other  person. 

Fourteenth — Persons  desirous  of  obtaining  water  for  build- 
ing purposes,  or  those  having  the  water  introduced  in  their 
premises,  desiring  the  use  of  the  same  for  that  purpose,  must, 
before  such  use,  apply  to  the  superintendent  therefor,  and  at 
the  same  time  agree  to  render  a true  account  of  all  brick,  stone, 
plastering,  or  other  work  for  which  the  water  is  used  in  build- 
ing, and  pay  the  rate  or  charge  made  by  the  council  therefor ; 
and  in  no  case  shall  the  person  or  persons  using  or  permitting 
the  use  of  the  water  for  building  purposes  be  relieved  from 
the  responsibility  for  the  use  thereof ; and  the  use  of  the  water 
in  all  cases  without  such  permission  as  aforesaid  shall  be  deemed 
a fraudulent  use  thereof,  and  be  subject  to  the  penalties  herein^ 
after  mentioned. 

Fifteenth — The  following  abuses  are  absolutely  prohibited: 
1st.  Permitting  the  water  to  be  used  for  any  other  purposes 
than  those  authorized  by  the  permit.  2d.  Permitting  leaks. 
3d.  Allowing  water  to  flow  unnecessarily  while  washing  pave- 
ments, or  for  similar  purposes.  4th.  Sprinkling  gardens,  streets 
or  sidewalks,  or  washing  carriages,  omnibuses,  cars,  or  other 
vehicles  with  hose,  without  a special  permit  obtained  and  paid 
for  at  the  office  of  the  works;  and  in  no  case  will  hose  be  al- 
lowed for  the  above  uses  with  flows  or  nozzles,  when  used  for 
washing  carriages  and  other  vehicles,  greater  than  one-eighth  of 
an  inch,  and  for  other  purposes  greater  than  one-quarter  of  an 
inch  diameter  of  circular  opening,  or  their  equivalent. 

Sixteenth — Hose  for  garden  purposes  may  be  used  only  be- 
tween the  hours  of  six  to  eight  in  the  morning  and  six  to  eight 


G14 


GENERAL  ORDINANCES  OF  CITY. 


in  the  evening;  and  if  allowed  to  run,  except  when  thus  used, 
the  water  will  be  shut  off  without  previous  notice.  The  prac- 
tice of  affixing  sprinklers  with  the  water  turned  on  to  trees, 
or  otherwise  allowing  them  to  flow  without  limit  or  control,  is 
a violation  of  the  rules,  which  will  be  enforced  in  all  cases  of 
this  kind. 

Seventeenth — A “wash-pavement”  will  allow  the  use  of  hose 
for  cleaning  windows,  floors,  and  washing  sidewalks  of  one 
premise  only,  and  while  washing  sidewalks  no  unnecessary  flow 
of  water  will  be  allowed.  The  service  shall  he  performed  at 
such  hours  of  the  day  as  will  least  incommode  business  and 
travel.  Persons  owning  or  occupying  adjoining  buildings,  and 
desirous  of  using  water  from  the  same  “wash-pavement,”  must 
first  obtain  permission  from  the  superintendent  for  such  use, 
and  pay  therefor. 

Eighteenth — Persons  desirous  of  sprinkling  the  street  in  front 
of  their  premises  with  hose  from  a “wash-pavement,”  or  any 
other  source,  must  first  obtain  a special  permit,  and  pay  the 
rate  charged  for  the  use  of  water  for  such  purpose.  The  rate 
for  that  purpose  will  be  twenty-five  cents  per  lineal  foot  of  the 
premises,  and  extend  to  the  middle  ©f  the  street  only. 

Nineteenth — Meters  may  be  attached  to  any  premises  where 
city  water  is  used,  as  the  superintendent  of  the  water  works  may 
direct.  When  meters  are  furnished,  the  persons  or  person 
owning  the  property  shall  pay  for  said  meters  and  all  the  ex- 
pense of  putting  in  the  same.  All  meters  and  repairs  of  same, 
shall  be  under  the  supervision  of  the  water  works  department. 
When  meters  are  furnished  to  private  consumers,  the  water  rates 
shall  be  fifteen  per  centum  less  than  the  rates  by  fixture. 

Twentieth — All  water  rents  for  water  furnished  by  meter  shall 
he  due  and  payable  monthly  at  the  office  of  the  collector  of  water 
rates.  If  not  paid  within  fifteen  days  after  date  of  bill,  the 
supply  of  water  will  be  shut  off  until  all  arrears  and  the  cost  of 
shutting  off  are  paid. 

Twenty-first — Tf  a meter  at  any  time  fails  to  register  the 
quantity  of  water,  the  quantity  shall  be  determined,  and  the 
charge  made  based  on  the  average  quantity  registered  during 
such  preceding  period  of  time  prior  to  the  date  of  the  failure, 


WATER  WORKS. 


615 


as  the  superintendent  of  the  water  works  may  direct.  No  de- 
duction will  be  made  on  account  of  leakage  after  water  has  passed 
through  meter.  [As  amended  July  19,  1897. 

938.  Penalty  for  violation.]  If  any  person  shall  violate,  or 
neglect  or  refuse  to  conform  to  any  of  the  foregoing  rules  and 
regulations,  the  water  shall  be  turned  off  from  his  premises, 
and  he  shall  forfeit  his  water  rent,  and  shall  be  liable  to  a fine 
of  not  exceeding  twenty-five  dollars  in  each  case. 

939.  Plumbers  and  plumbing — rules  and  regulations.]  The 

following  rules  are  hereby  adopted,  regulating  plumbers  and 
plumbing  work,  in  connection  with  the  water  works: 

First — All  plumbers  shall  procure  a license  from  the  city 
clerk,  and  pay  a fee  of  one  dollar  for  same,  and  any  plumber  who 
shall  have  been  duly  licensed  by  the  city,  and  who  shall  have 
given  bond  for  the  performance  of  plumbing  work  to  be  done 
on  the  water  works,  may,  upon  the  application  of  any  person 
desirous  of  obtaining  water,  introduce  the  same  into  any  house 
or  other  place,  by  first  procuring  a permit  for  each  and  every 
opening  required. 

Second — All  applications  for  permits  must  be  made  in  writ- 
ing, upon  blank  forms  furnished  by  the  superintendent,  and 
signed  by  the  applicant  and  plumber  doing  the  work. 

Third — No  person,  except  the  tapper  employed  by  the  super- 
intendent, shall,  under  any  circumstances,  tap  the*  distributing 
pipes,  or  insert  ferrules. 

Fourth — All  plumbing  work  shall  be  done  in  the  manner  re- 
quired by  the  superintendent,  and  shall  be  subject  to  his  in- 
spection and  approval,  and  no  work  under  ground  shall  be  cov- 
ered up  until  examined  by  him  or  his  assistants. 

Fifth — A stop-cock  shall  be  placed  in  every  attachment  to 
the  water  works.  In  streets,  it  shall  be  under  the  sidewalks, 
within  one  foot  of  the  curbstone ; and  in  alleys,  it  shall  be  with- 
in one  foot  of  the  -side  line  of  the  same.  Each  house  shall 
have  a separate  hydrant,  and  stop  and  waste,  the  latter  placed 
four  feet  beneath  the  surface  of  the  ground;  and  all  stop-cocks 
located  on  the  sidewalk  or  alley,  under  the  control  of  the  coun- 
cil and  superintendent,  shall  have  a strong  and  suitable  T head. 


GENERAL  ORDINANCES  OF  CITY. 


GIG 

r.I  hey  shall  be  inclosed  in  a case  of  iron,  corning  up  even  with 
the  surface  of  the  ground,  and  covered  with  a tight-fitting  iron 
lid,  with  the  letter  “W”  cast  upon  it.  The  pattern  of  all  the 
appurtenances  shall  be  subject  to  the  approval  of  the  superin- 
tendent. 

Sixth — The  street  must  be  opened  in  the  manner  which  will 
occasion  the  least  inconvenience  to  the  public,  and  admit  of  the 
uninterrupted  passage  of  the  water  along  the  gutter;  and  in 
all  cases  where  the  sidewalk  or  street  shall  be  opened  for  the 
purpose  of  putting  down  any  service  pipe  for  the  introduction 
of  water,  the  plumber  shall  replace  and  restore  such  sidewalk 
or  street  to  as  good  a condition  as  he  found  it,  and  take  care 
that  in  filling  such  opening  the  earth  shall  be  left  in  as  firm 
and  solid  a condition,  and  as  level,  as  when  opened.  No  exca- 
vation in  any  public  place  shall  be  left  open,  and  every  precau- 
tion must  be  taken  to  insure  the  public  safety. 

Seventh — Stop-cocks,  and  other  appurtenances,  must  be  suf- 
ficiently strong  to  resist  the  pressure  of  the  water. 

Eighth — Whenever  new  attachments  are  to  be  made,  in  place 
of  old  ones,  permits  must  be  obtained  in  the  usual  manner,  and 
the  superintendent  must  be  notified  to  draw  the  old  tap  and  in- 
sert the  new.  No  more  than  one  house  shall  be  supplied  from 
one  tap  on  the  main. 

Ninth — All  applications  for  making  attachments  larger  than 
one  inch,  must  have  the  approval  of  the  superintendent  before 
the  issue  of  a permit  therefor. 

Tenth — The  boring  of  the  pipes  and  the  insertion  of  the 
taps  shall  be  done  under  the  direction  of  the  superintendent, 
who  shall  be  given  at  least  six  hours’  notice  by  the  plumber; 
and  no  tap  shall  be  inserted  after  four  o’clock  P.  M.  of  any 
day. 

Eleventh — No  plumber,  in  making  original  connections  with 
the  distributing  water  mains,  except  for  the  purpose  of  testing 
his  plumbing  work  at  the  time  of  doing  the  same,  shall  let  on 
the  water  to  such  connection,  without  permission  from  the  super- 
intendent so  to  do;  nor  shall  any  plumber,  as  aforesaid,  shut 
off  the  water,  when  a connection  has  been  made,  except  for  the 


WATER  WORKS. 


(517 


purpose  of  making  an  extension,  change  or  alteration  in  any 
building,  or  on  any  premises,  at  the  time  of  making  the  same; 
the  letting  on  water  to,  and  the  turning  water  off  from,  all 
buildings  and  premises,  except  as  aforesaid,  being  exclusively 
under  the  control  of  the  superintendent;  and  no  such  change, 
extension  or  alteration  shall  be  made  without  notice  being  given 
to,  and  permission  obtained  from,  the  said  superintendent. 

Twelfth — All  lead  pipes  used  to  convey  water  from  street 
mains  of  the  water  works  shall  be  of  the  following  strength  and 
thickness,  and  of  the  following  weight  per  lineal  foot  for  the 
several  sizes,  to- wit:  (All  to  be  “extra  strong.”) 


V2 

inch 

bore 

must  weigh 

per  foot 

3 

0 

% 

3 

10 

1 

4 

12 

1*4 

6 

0 

1/4 

2 ‘ ‘ 

m 

8 

4 

*2 

9 

8 

2*4 

16 

2 

3 

.19 

11 

3*4 

21 

12 

Thirteenth — No  person  shall  lay  any  water-service  pipe,  or 
introduce  into  any  building  or  any  grounds  any  water  pipes, 
or  do  any  plumbing  work  in  any  building  or  on  any  grounds, 
for  the  purpose  of  connecting  such  pipes  or  plumbing  work 
with  the  pipes  of  the  Springfield  water  works,  or  of  preparing 
them  for  such  connections  with  the  view  of  having  such  prem- 
ises supplied  with  water  by  the  said  water  works ; or  shall  make 
any  addition  to  or  alteration  of  any  water  pipe,  bath,  water- 
closet,  stop-cock,  or  other  fixtures  or  apparatus  for  the  supply- 
ing of  any  premises  with  water,  without  being  duly  licensed  to 
perform  such  work  by  the  city  council  of  the  city  of  Spring- 
field,  and  without  having  first  obtained  a permit  for  the  doing 
of  such  work  from  the  said  superintendent. 

940.  Penalty  for  violation.]  Any  person  violating  or  fail- 
ing to  conform  to  any  of  the  above  and  foregoing  rules  and  regu- 
lations shall,  upon  conviction  thereof,  be  fined  in  any  sum  not 
exceeding  twenty- five  dollars  for  each  offense;  and  if  such  per- 
son be  a licensed  plumber,  his  license  may  also  be  forfeited. 

941.  Plumber’s  license.]  The  city  clerk  is  hereby  author- 
ized and  empowered  to  issue  to  any  plumber  applying  therefor, 


618 


GENERAL  ORDINANCES  OF  CJTY. 


a license  to  do  plumbing  work  in  connection  with  the  water  works 
of  said  city,  under  such  rules  and  regulations  as  are  in  force, 
or  which  may  hereafter  be  adopted. 

942.  Bond  of  plumber.]  Before  any  license  shall  be  issued 
as  aforesaid,  the  applicant  shall  fde  with  the  said  clerk,  his 
bond  in  the  penal  sum  of  twenty-five  hundred  dollars,  with  at 
least  two  good  sureties,  to  be  approved  by  the  mayor  and  city 
clerk,  conditioned  to  indemnify  and  save  harmless  the  city  of 
Springfield  from  all  accidents  and  damages  consequent  there- 
from, for  or  by  reason  of  any  opening  in  any  street,  avenue  or 
alley  made  by  him,  or  by  those  in  his  employment,  for  the  pur- 
pose of  putting  down  any  service  pipe  or  pipes  for  the  introduc- 
tion of  water,  or  for  any  purpose  whatsoever,  or  by  any  unfaith- 
ful or  inadequate  work  done  by  virtue  of  his  license,  and  that 
he  shall  also  replace  and  restore  the  street  pavement  or  road- 
way over  such  opening  to  as  good  condition  as  he  found  it,  and 
keep  and  maintain  the  same  in  good  order,  to  the  satisfaction 
of  said  superintendent,  for  the  period  of  three  months  next 
thereafter,  and  shall  conform  in  all  respects  to  the  rules  and 
regulations  established  by  said  city  council,  and  pay  all  fines  that 
may  be  imposed  for  any  violation  thereof. 


APPROPRIATIONS  AND  ACCOUNTS. 


619 


CHAPTER  XXXI. 

MISCELLANEOUS  OKDINANCES. 


Article  I. 

Appropriations  and  accounts. 

II. 

Additions. 

III. 

Amusements. 

IV. 

Auctioneers. 

V. 

Awnings. 

VI. 

Bill  Posting. 

VII. 

Billiard  and  Ball  Alleys 

VIII. 

Brokers  and  Money  Changers. 

IX. 

Corporate  Seal. 

X. 

House  Numbering. 

XI. 

Idiots  and  Lunatics. 

XII. 

Ordinaries. 

XIII. 

Pawnbrokers. 

XIV. 

Partition  and  Barbed  Wire  Fences. 

XV. 

Peddlers. 

XVI. 

Porters  and  Runners. 

XVII. 

Scavengers. 

XVIII. 

Second-hand  and  Junk  Dealers. 

XIX. 

Signs. 

XX. 

Telegraphs,  Telephones,  Etc. 

XXI. 

Telegraph  and  Other  Wires. 

XXII. 

Inspection  of  Wires  and  Poles. 

XXIII. 

Trees. 

XXIV. 

Wards  and  Ward  Boundaries. 

XXV. 

Penalty— Repeal— Proviso— When  ordinance  in  force. 

Article  I. 


APPROPRIATIONS  AND  ACCOUNTS. 

943.  Annual  appropriation  bill.]  The  city  council  of  the 
city  of  Springfield  shall,  as  soon  as  practicable  after  the  com- 
mencement of  each  fiscal  year,  and  within  the  first  quarter 
thereof,  pass  an  ordinance  to  be  termed  the  annual  appropria- 
tion bill,  in  which  they  shall  appropriate  such  sums  of  money 
as  may  be  deemed  necessary  to  defray  all  necessary  expenses 
and  liabilities  of  the  city  government  during  that  fiscal  year, 
and  in  such  ordinance  shall  specify  the  different  objects  and 
purposes  for  which  such  appropriations  are  made,  and  the 
amount  appropriated  for  each  object  or  purpose;  and  no  further 


620 


GENERAL  ORDINANCES  OE  CITY. 


appropriations  shall  be  made  at  any  time  during  such  fiscal  year, 
except  as  otherwise  expressly  provided  by  law. 

944.  When  appropriation  exhausted.]  When  any  appro- 
priation l'or  any  specific  object  or  fund  shall  have  been  ex- 
hausted, the  city  comptroller  shall,  without  delay,  notify  the 
city  council  thereof,  and  thereafter  no  warrant  shall  be  drawn 
against  the  same  until  the  further  orders  of  the  city  council; 
and  no  additional  appropriation  to  any  such  fund  shall  be  made 
by  the  city  council  during  the  fiscal  year,  and  no  expenditure 
for  any  improvement  to  be  paid  for  out  of  the  general  fund  of 
the  corporation  shall  exceed,  in  any  one  year,  the  amount  pro- 
vided for  such  improvement  in  the  annual  appropriation  bill, 
except  as  otherwise  specially  provided  by  law. 

945.  No  claim  allowed  unless  sworn  to.]  No  account  or 
claim  against  the  city  of  Springfield,  except  for  the  salaries  of 
city  officers  or  regular  employes,  or  for  the  payment  of  a special 
contract  made  by  order  of  the  city  council,  or  by  some  officer 
of  the  city  authorized  by  the  city  council  or  by  ordinance  to 
make  the  same,  or  for  the  payment  of  the  fee  bills  of  officers  of 
courts  of  records,  shall  be  audited  or  allowed,  or  any  warrant 
issued  for  the  payment  thereof,  unless  the  person  presenting 
the  same,  or  some  other  credible  person  for  him,  shall  make 
oath  before  the  mayor  or  city  clerk,  upon  the  presentation  or 
filing  of  such  account,  that  the  same  is  just,  correct  and  reason- 
able. 

946.  No  claim  allowed  unless  certified  by  officers.]  And  no 

claim  or  account  against  said  city,  upon  any  contract  made  or 
debt  incurred  by  any  city  officer  by  authority  of  the  city  coun- 
cil, or  of  any  ordinance,  shall  be  audited  or  allowed,  or  any  war- 
rant issued  for  the  payment  thereof,  unless  accompanied  with 
the  certificate  of  the  officer  by  whom  or  under  whose  authority 
the  same  was  contracted  or  incurred,  stating  that  he  has  ex- 
amined such  claim  or  account,  and  believes  that  it  is  just,  cor- 
rect and  reasonable,  and  in  accordance  with  the  contract. 

Article  II. 

ADDITIONS. 

947.  Additions — how  laid  out.]  Any  addition  which  may 
be  made  to  the  city  of  Springfield,  or  any  lands  within  the 


AMUSEMENTS. 


621 


same  which  may  be  subdivided  and  laid  out  into  lots  or  blocks, 
shall  be  so  laid  out,  surveyed  and  platted,  as  that  the  blocks 
and  other  sub-divisions  thereof  shall  conform  to  the  regular 
blocks  of  the  addition  or  additions  adjoining  such  proposed  ad- 
dition or  sub-division,  and  the  streets  and  alleys  shall  correspond 
with,  and  conform  to,  the  previously  established  streets  and  al- 
leys with  which  they  may  connect,  and  shall  continue  the  same. 

948.  Plat  to  be  approved  by  city  council — penalty.] 

Any  owner  or  agent  of  real  estate,  who  may  wish  to  lay  out  any 
addition  or  sub-division  of  lands,  within  said  city,  shall  submit 
his  map  or  plat  of  such  proposed  addition  or  sub-division  to  the 
city  council,  and  obtain  their  approval-  of  the  same,  which  ap- 
proval shall  be  certified  thereon  by  the  city  clerk,  before  selling 
or  offering  for  sale  any  lot  or  block  in  such  proposed  addition 
or  sub-division,  under  a penalty  of  one  hundred  dollars,  and 
a further  penalty  of  fifty  dollars  for  each  lot,  or  part  thereof, 
so  sold  by  him,  contrary  to  the  provisions  of  this  section. 

Article  III. 

AMUSEMENTS. 

949.  Circus  company,  etc.,  must  procure  license — penalty — 
proviso.]  No  person,  company  or  troupe  shall  exhibit  any 

menagerie  or  circus,  or  give  any  theatrical  or  other  exhibition, 
show  or  amusement,  for  gain  or  profit,  within  the  limits  of  the 
city  of  Springfield,  without  having  first  obtained  a license  in 
due  form  from  the  city  for  such  purpose,  under  a penalty  of 
not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars 
for  each  offense:  Provided , however , that  no  license  shall  be 

required  for  any  concert,  lecture,  dramatic  reading,  tableaux, 
fair,  or  other  such  amusement  or  entertainment,  given  by  so- 
cieties or  citizens  of  said  city,  or  other  persons,  exclusively  for 
charitable  or  benevolent  purposes.  (See  also  Sec.  553.) 

950.  No  concert  in  saloon,  etc. — penalty.]  No  person  shall 
be  allowed  to  give  any  concert  or  other  like  entertainment,  for 
gain,  in  any  licensed  saloon  or  dram-shop,  or  in  any  place  the 
entrance  to  which  is  through  any  saloon  or  dram-shop,  within 
said  city,  without  a special  permit  from  the  mayor  therefor. 


GENERAL  ORDINANCES  OF  CITY. 


M2 


under  a penalty  of  not  less  than  five  dollars  nor  more  than  fifty 
dollars  in  each  ease. 

951.  Good  order  to  be  kept.]  It  shall  be  the  duty  of  every 
proprietor  or  lessee  of  any  theatre  or  public  hall,  and  of  every 
person  giving  or  conducting  any  show  or  amusement,  within 
the  city,  to  preserve  good  order  in  and  about  his  premises  or 
place  of  exhibition  or  amusement,  and,  if  necessary  for  that 
purpose,  he  shall  employ,  at  his  own  expense,  a sufficient  num- 
ber of  special  policemen. 

952.  Exhibiting  any  device  without  license — penalty.] 

No  person  shall  exhibit  any  lung-tester,  lifting  apparatus,  doll- 
rack,  galvanic  battery,  or  other  instrument  or  device,  for  gain  or 
profit,  within  said  city,  without  having  first  procured  a license 
therefor,  under  a penalty  of  not  exceeding  five  dollars  for  each 
offense.  The  license  fee  under  this  section  shall  be  three  dollars 
for  one  week  or  less,  and  five  dollars  for  two  weeks. 

Article  IV. 

AUCTIONEERS. 

953.  Auctioneer  must  procure  license — penalty — proviso.] 

No  person  shall  pursue  the  occupation  of  auctioneer,  or  shall 
sell  or  cry  for  sale  real  or  personal  property,  without  a license 
therefor  as  provided  by  ordinance,  under  a penalty  of  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  for  each 
article  of  personal  property  or  tract  of  real  estate  so  sold : Pro- 

vided, this  section  shall  not  apply  to  sales  made  by  any  con- 
stable or  sheriff  of  Sangamon  county  (when  not  made  by  deputy) 
on  legal  process,  nor  to  persons  required  to  make  sales  of  real 
estate  by  order  of  court. 

954.  Time  for  which  license  shall  run.]  No  license  to  any 
one  as  auctioneer  shall  be  issued  for  any  less  time  than  to  the 
first  day  of  January  next  succeeding  its  issue,  and  any  one 
procuring  a license  shall  pay  therefor  the  full  sum  provided 
by  this  article,  without  regard  to  the  time  which  is  to  elapse 
before  January  the  first  next  succeeding. 

955.  License  not  to  be  transferred  without  consent  of  city 
council — auctioneer  not  to  delegate  his  power.]  No  person 


AUCTIONEERS. 


623 

having  a license  from  the  city  as  auctioneer  shall  be  allowed  to 
delegate  his  power  to  any  clerk,  partner  or  any  person  not  named 
in  the  license;  but  the  privilege  given  shall  be  personal  to  the 
person  named  in  the  license  and  can  be  exercised  by  him  alone. 
It  may  be  taken  in  the  name  of  partners,  naming  them  in  the 
license.  No  license  for  this  purpose  shall  be  transferred  with- 
out consent  of  the  city  council.  Such  consent  must  be  by  peti- 
tion, in  writing,  and  shall,  on  the  request  of  any  two  members 
of  the  council,  be  postponed  one  month  after  it  is  read. 

956.  Two  classes  of  licenses  defined  and  fee  therefor  fixed — 
regulations  pertaining  thereto.]  There  shall  be  issued  by  the 
city  of  Springfield  two  classes  of  auctioneers’  licenses.  Any 
person  may,  on  complying  with  the  other  provisions  of  this 
ordinance,  become  licensed  to  sell  at  auction  within  the  city 
of  Springfield,  real  estate,  or  carry  on  sales  of  second  hand 
household  goods  at  auction,  at  private  houses  within  the  city, 
for  the  sum  of  one  hundred  dollars,  and  shall  be  known  and 
licensed  as  a special  auctioneer.  Any  person  desiring  a license 
for  carrying  on  auction  sales  of  other  property  in  addition  to 
real  estate  and  second  hand  household  goods,  at  any  other  place 
than  private  houses  may,  on  complying  with  the  other  provis- 
ions of  this  ordinance,  become  licensed  as  a general  auctioneer, 
and  shall  have  power  in  addition  to  that  above  given  to  a special 
auctioneer,  to  carry  on  auction  sales  of  all  kinds  of  lawful  per- 
sonal property  in  said  city;  and  no  such  license  shall  be  trans- 
ferred without  the  consent  of  the  city  council,  which  transfer 
shall  only  be  secured  upon  petition,  in  writing,  which  shall,  on 
presentation,  lay  over  one  month  on  request  of  two  aldermen. 
The  sum  paid  for  license  as  a general  auctioneer  shall  be  two 
hundred  dollars.  [Passed  January  13,  1902. 

957.  Bond  of.]  Persons  obtaining  license  as  special  auc- 
tioneer shall  give  bond  with  two  good  sureties,  to  be  approved 
by  the  mayor,  in  the  sum  of  two  thousand  dollars,  and  general 
auctioneers  shall  give  bond  with  two  good  sureties,  to  be  ap- 
proved by  the  mayor,  in  the  sum  of  five  thousand  dollars,  con- 
ditioned for  the  due  observance  of  all  ordinances  of  said  city 
now  in  force,  or  which  may  be  passed  and  in  force  during  the 
period  of  such  license  regulating  or  relating  to  said  occupation. 


624 


GENERAL  ORDINANCES  OF  CITY. 


and  also  for  the  prompt  payment  of  all  moneys  and  the  delivery 
of  all  goods  which  may  come  into  their  hands  as  such  auctioneers. 

958.  Obstructing  streets,  etc. — penalty.]  Any  auctioneer 
or  other  person,  who  shall  sell  or  attempt  to  sell,  or  shall  cry 
for  sale,  at  public  auction,  any  goods,  wares  or  merchandise, 
or  other  property,  in  or  upon  any  street,  avenue  or  sidewalk  of 
said  city  so  as  to  collect  a crowd  of  people  thereon,  whereby 
the  travel  or  passage  of  such  street  or  sidewalk,  by  any  person 
or  persons,  is  hindered  or  prevented,  shall  be  deemed  guilty  of 
obstructing  the  streets  or  sidewalks,  and  shall  be  subject  to  a 
fine  of  not  less  than  three  dollars  nor  more  than  twenty-five 
dollars  for  every  such  offense. 

959.  Substituting  inferior  article — penalty.]  Any  auc- 
tioneer, licensed  as  aforesaid,  who  shall,  by  himself  or  clerk, 
offer  for  sale  at  auction,  any  article  of  property,  and  induce  its 
purchase  by  any  bidder,  and  afterward  substitute  another  and 
inferior  article  in  lieu  of  that  offered  to  and  purchased  by  the 
bidder;  or  who  shall  knowingly  make  any  false  representation 
or  statement  of  the  ownership  or  quality  of  any  article  offered 
by  him  for  sale  at  auction,  with  the  intent  to  induce  any  person 
to  purchase  the  same,  shall  be  liable  to  a fine  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each  offense, 
and  a conviction  under  this  section  shall  be  deemed  cause  for 
the  revocation  of  his  license. 

Article  V. 

AWNINGS. 

960.  Awnings — how  to  be  constructed — penalty  for  viola- 
tion.] All  awnings  hereafter  erected,  and  extending  over  any 
sidewalk  within  that  portion  of  the  city  of  Springfield  estab- 
lished as  the  “Fire  Limits,”  shall  be  elevated  at  least  eight  feet 
at  the  lowest  part  thereof  above  the  level  of  the  sidewalk,  and 
shall  not  project  over  the  sidewalk  to  exceed  two-thirds  the 
width  thereof.  The  roof  or  covering  of  all  such  awnings  shall 
be  of  duck,  canvas,  or  other  suitable  cloth,  and  they  shall  be 
supported  without  posts  by  iron  brackets,  or  by  an  iron  or  other 
metallic  frame  work,  attached  firmly  to  the  building,  so  as  to 
leave  the  sidewalk  wholly  unobstructed  thereby.  Any  person 


AWNINGS. 


625 


who  shall  erect  or  maintain,  or  cause  to  be  erected  or  maintained, 
any  awning  contrary  to  the  provisions  of  this  section,  shall  be 
subject  to  a fine  of  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars  for  each  offense,  and  to  a further  fine  of  three 
dollars  for  every  day  he  shall  fail  to  change  or  remove  such 
unlawful  awning,  after  written  notice  to  do  so  by  the  superin- 
tendent of  police,  or  any  member  of  the  police  force  of  said  city. 

961,  Awning — of  wood  in  fire  limits  not  to  be  repaired,  etc. — 
declared  a nuisance  when,  and  ordered  to  be  removed — penalty.] 

No  awning  heretofore  erected  within  said  “Fire  Limits,”  and 
constructed  in  whole  or  in  part  of  wood,  shall,  after  the  taking 
effect  of  this  ordinance,  be  improved,  enlarged  or  repaired,  ex- 
cept that  the  pillars  or  posts  sustaining  the  same  shall  be  re- 
moved to  the  curb  line  of  the  sidewalk,  when  not  already  at 
such  line;  and  whenever  any  such  awning  shall  become  decayed 
or  insecure,  or  dangerous  to  the  safety  of  persons  passing  there- 
under, the  same  shall  be  deemed,  and  is  hereby  declared  to  be, 
a nuisance,  and  the  owner  or  occupant  of  the  premises  in  front 
of  which  such  nuisance  is  located,  shall  abate  or  remove  the 
same  without  delay;  and  in  case  of  his  neglect  or  refusal  to  do 
so,  the  city  council  may  order  the  superintendent  of  police  to 
take  down  and  remove  such  awning,  after  first  giving  three 
days’  notice  in  writing  to  the  owner  or  occupant  of  the  premises, 
and  the  cost  of  such  removal  may  be  recovered  of  such  owner 
or  occupant  in  an  action  of  debt,  in  the  name  of  the  city.  Any 
property  owner  or  other  person  violating  or  failing  to  comply 
with  any  of  the  provisions  or  requirements  of  this  section,  shall, 
upon  conviction,  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  offense,  and  shall  be  subject  to  a fur- 
ther fine  of  five  dollars  for  every  day,  after  the  first  conviction, 
that  he  shall  continue  in  such  violation  or  failure  to  comply. 

962.  Awnings  of  wood  may  be  built  outside  of  fire  limits, 
in  what  manner — penalty — proviso.]  Awnings  of  wood  may 
be  erected  over  sidewalks  without  the  fire  limits,  in  said  city; 
but  such  awnings  shall  be  supported  by  stout  oak  or  pine  posts, 
or  by  wrought  or  cast  iron  pillars  not  less  than  two  inches  in 
diameter,  which  shall  be  firmly  set  upon  the  extreme  outer  edge 
of  the  sidewalk,  not  more  than  seven  feet  apart,  and  shall  be 
of  sufficient  length  to  elevate  the  awning  in  the  lowest  part 


626 


GENERAL  ORDINANCES  OF  CITY. 


thereof,  at  least  ten  feet  above  the  sidewalk;  and  the  whole 
shall  be  securely  attached  to  the  house  or  building  before  which 
it  inay  stand,  and  be  at  all  times  kept  in  good  repair.  Any 
wooden  awning  already  erected  without  the  fire  limits,  in  a man- 
ner different  from  that  herein  prescribed,  shall  not  be  repaired, 
under  a penalty  to  the  offender  of  not  less  than  five  dollars  nor 
more  than  twenty-five  dollars  for  each  offense:  Provided , that 

such  awning  may  be  changed  so  as  to  conform  to  the  require- 
ments hereof. 

963.  Violating  above  section  or  premitting  awning  to  be- 
come dangerous — penalty — removal  of  awning.]  Whoever 

shall  erect  or  construct,  or  cause  to  be  erected  or  constructed, 
any  wooden  awning  without  said  fire  limits,  contrary  to  the  re- 
quirements of  the  last  section  hereof,  or  shall  permit  any  awning 
in  front  of  any  building  or  premises  owned  or  occupied  by  him 
to  become  decayed  and  insecure,  or  dangerous  to  the  safety  of 
persons  passing  under  the  same,  sdiall  be  subject  to  a penalty 
of  not  less  than  five  dollars  nor  more  than  fifty  dollars  for  each 
offense,  and  to  a further  penalty  of  five  dollars  for  every  day, 
after  the  first  conviction,  that  he  shall  continue  in  violation  of 
any  provision  or  requirement  of  this  section.  And  the  city  coun- 
cil may  order  and  direct  the  superintendent  of  police  to  remove 
such  decayed  or  dangerous  awning,  upon  his  first  giving  three 
days’  notice,  in  writing,  to  the  owner  or  occupant  of  the  premises. 

Article  VI. 

BILL  POSTING. 

964.  Bill  posting,  etc.,  unlawful  without  license.]  No 

person  or  persons  shall  engage  in  the  business  of  bill  posting 
in  the  city  of  Springfield,  nor  shall  distribute  in  the  streets, 
alleys  or  lanes,  of  the  said  city,  any  bill,  picture,  or  any  adver- 
tisements announcing  the  business  or  place  of  meeting  of  any 
skating  rink,  opera,  theatre,  park,  menagerie  or  other  exhibi- 
tions for  pay,  unless  for  a charitable  or  religious  purpose  or  any 
other  advertising  matter,  in  any  manner  except  hereinafter 
specified  unless  the  said  person  or  persons  shall  have  first  been 
duly  licensed  by  the  mayor  of  the  city  of  Springfield. 


BILL  POSTING. 


627 


965.  Fees.]  Any  person  of  good  character  desiring  a 
license  shall  be  licensed  by  the  mayor  of  the  city  of  Springfield 
to  engage  in  the  business  of  bill  posting  and  distributing  for 
the  term  of  one  year,  upon  the  payment  of  twenty-five  dollars. 

966.  Bill  posters  to  wear  badge.]  The  said  licensees,  their 
agents,  officers  and  employes,  while  engaged  in  the  act  of  posting, 
painting,  tacking  or  distributing  any  bills,  cards,  signs  or  cir- 
culars, pamphlets,  advertisements  or  notices  in  this  city  shall 
wear  a badge  with  the  following  words  conspicuously  placed 
thereon,  “Licensed  Advertiser,  Springfield.” 

967.  Hand  bills,  etc.,  not  to  be  scattered  on  streets  or  side- 
walks.] No  person  shall  distribute,  scatter,  throw  upon  the 
streets,  sidewalks  or  alleys  of  the  city,  hand  bills  or  posters,  ad- 
vertisements, or  paper,  and  nothing  herein  shall  be  construed 
to  authorize  any  person  or  persons  to  obstruct  the  streets  or 
sidewalks  and  alleys  of  the  city  or  create  any  nuisance  therein, 
or  prevent  the  posting  of  notices  required  by  law  to  be  posted. 

968.  Private  persons  may  distribute  circulars,  etc.]  Noth- 
ing herein  contained  shall  be  so  construed  as  to  prevent  any 
person,  firm,  or  corporation  residing  and  doing  business  in 
the  city  of  Springfield,  from  distributing  circulars  or  hand 
bills  advertising  an  article  or  compound  within  the  corporate 
limits  of  said  municipality,  or  merchants  from  advertising 
their  own  business. 

969.  Penalty  for  violation.]  Any  person  or  persons 
violating  any  of  the  provisions  of  this  ordinance  shall  be  liable 
to  a fine  of  not  less  than  five  dollars  nor  more  than  twenty-five 
dollars.  [Passed  January  3,  1898. 

970.  Private  wall  not  to  be  used  for  advertising,  unless,  etc.] 

No  person  shall  post  or  paint  any  advertisement,  hand  bill  or 
show  bill  upon  any  private  wall,  fence,  gate  or  door,  or  upon 
any  telegraph  or  telephone  pole,  within  said  city,  without  hav- 
ing first  obtained  the  consent  of  the  owner,  occupant  or  agent 
of  the  property,  nor  upon  any  building,  wall  or  fence  belonging 
to  the  city,  without  the  previous  permission  of  the  superintendent 
of  police. 


62  8 


GEN  EHAL  ORDINANCES  OF  CITY. 


Article  VII. 

BILLIARDS  AND  BALL  ALLEYS. 

971.  Must  be  licensed — penalty.]  No  person  shall,  within 

the  limits  of  the  city  of  Springfield,  open  or  keep  any  ball  or 
pin  alley,  nor  shall  keep  or  maintain  any  billiard,  bagatelle, 
pool,  pin-pool,  pigeon-hole,  or  other  like  table,  to  be  played  upon 
by  others  for  gain  or  amusement,  without  having  procured  a 
license  for  each  of  said  purposes,  as  provided  by  ordinance, 
under  a penalty -of  not  less  than  five  dollars  nor  more  than  fifty 
dollars  in  each  case. 

972.  No  intoxicating  liquors  to  be  kept  without  license — 
penalty.]  No  proprietor  or  keeper  of  any  billiard  hall  or  room, 
or  of  any  ball  or  pin  alley,  not  being  duly  licensed  for  such 
purpose  by  the  city,  shall  keep,  sell  or  give  away,  or  permit  to 
be  sold  or  given  away,  any  intoxicating,  malt,  vinous,  mixed 
or  fermented  liquors,  to  be  used  or  drank  in  or  about  his  place 
of  business,  under  a penalty  of  not  less  than  ten  dollars  nor 
more  than  two  hundred  dollars. 

973.  No  minor  to  be  permitted  to  play — penalty.]  No 

licensed  owner  or  keeper  of  any  billiard,  bagatelle,  pool,  pin- 
pool,  pigeon-hole,  or  other  such  public  table,  within  said  city, 
shall  knowingly  suffer  or  permit  any  minor  to  play  upon  the 
same,  under  a penalty  of  not  less  than  five  dollars  nor  more  than 
fifty  dollars  for  each  offense. 

Article  VIII. 

BROKERS  AND  MONEY  CHANGERS. 

974.  Broker  and  money  changer  defined.]  Any  person 

engaged  in  buying,  selling,  discounting  or  shaving  bills  of  ex- 
change, checks,  drafts,  promissor}^  notes,  bonds  or  other  writ- 
ings obligatory,  for  purposes  of  gain,  is  hereby  defined  to  be  a 
broker;  and  any  person  engaged  in  buying,  selling  or  exchang- 
ing gold  or  silver  coin  or  bank  notes  for  gain  or  profit,  shall 
be  deemed  a money  changer  within  the  meaning  of  this  article. 

975.  Must  be  licensed-— penalty — proviso.]  No  person  shall 
engage  in  or  carry  on  the  business  of  a broker  or  money  changer 


CORPORATE  SEAL. 


629 


within  the  city  of  Springfield,  without  being  duly  licensed 
therefor,  under  a penalty  of  not  less  than  five  dollars  nor  ex- 
ceeding one  hundred  dollars,  and  a further  penalty  of  five  dol- 
lars for  each  day,  after  the  first  conviction,  that  such  person 
shall  continue  such  business  without  a license:  Provided , that 

only  one  license  shall  be  required  under  the  provisions  of  this 
section. 

976.  Real  estate  broker  without  license — penalty.]  No 

person  shall  engage  in  or  pursue  the  business  of  a real  estate 
broker,  or  of  buying,  selling  or  leasing  real  estate  for  gain  or 
profit,  within  said  city,  without  having  obtained  a license  for 
such  purpose,  under  a penalty  of  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 


Article  IX. 

CORPORATE  SEAL. 

977.  Description  of.]  The  corporate  seal  of  the  city  of 
Springfield  shall  be  the  same  as  that  heretofore  provided  and 
now  used  by  the  city.  It  shall  be  circular  in  form,  two  and 
one-half  inches  in  diameter,  with  a device  of  the  State  capitol 
surrounded  by  a scroll,  with  the  words,  ef  Corporate  Seal  of  the 
City  of  Springfield , Illinois , 1810,”  in  Roman  capitals,  engraved 
upon  the  face  thereof. 

978.  When  to  be  used — not  binding  upon  the  city  unless, 
etc.]  The  city  clerk  shall  be  the  custodian  of  the  corporate 
seal.  He  shall  affix  the  impression  of  the  corporate  seal  to  all 
commissions  or  other  official  documents  required  to  be  issued 
by  him,  and  attest  or  countersign  the  same.  He  shall  affix 
the  seal  to  all  official  acts  of  the  mayor  requiring  it,  and  if 
necessary  attest  the  same.  He  shall  also  certify,  under  the 
corporate  seal,  copies  of  any  records,  ordinances,  documents  or 
papers  in  his  office,  when  required  by  any  city  officer  or  other 
person.  But  in  no  case  shall  the  impression  of  the  corporate 
seal  be  binding  upon  the  city,  unless  it  be  authorized  by  the 
laws  or  ordinances  thereof,  and  is  attested  by  the  official  signa- 
ture of  the  city  clerk. 


GENERAL  ORDINANCES  OF  CITY. 


(>;50 


Article  X. 

J LOUSE  NUMBERING. 

979.  Rules  for.]  The  numbering  of  all  houses  fronting 
upon  the  public  streets,  avenues  and  thoroughfares,  within  the 
city  of  Springfield,  shall  be  in  conformity  with  the  decimal 
system,  and  the  rules  following: 

First — Washington  street  shall  be  the  base  or  dividing  line 
for  numbering  houses  on  all  streets  or  avenues  running  north 
and  south,  and  First  street  shall  be  the  base  or  dividing  line 
for  all  streets  or  avenues  running  east  and  west. 

Second-— All  that  portion  of  north  and  south  streets,  crossing 
and  being  north  of  Washington  street,  shall  be  designated  by 
the  prefix  north , and  that  portion  of  all  streets  crossing  or  be- 
ing south  of  Washington  street  shall  be  designated  by  the  prefix 
south.  All  streets  or  avenues  running  east  and  west  and  cross- 
ing First  street,  for  all  that  portion  of  the  same  lying  east  of 
First  street,  shall  retain  their  present  designation,  but  that 
portion  of  said  streets  lying  west  of  First  street  shall  receive,  in 
connection  with  their  present  designation,  the  prefix  west. 

Third — The  first  number  upon  each  side  of  Washington 
street  shall  be  one  hundred  (100),  and  progress  north  and  south 
therefrom  at  the  rate  of  one  hundred  numbers  to  each  block. 
The  first  number  upon  each  side  of  First  street  shall  be  one  hun- 
dred (100),  and  progress  east  and  west  therefrom  at  the  rate 
of  one  hundred  numbers  to  each  block. 

Fourth — The  odd  numbers  shall  be  used  upon  the  north  side 
of  streets  running  east  and  west,  and  upon  the  west  side  of 
streets  running  north  and  south.  The  even  numbers  shall  be 
used  upon  the  south -side  of  streets  running  east  and  west,  and 
upon  the  east  side  of  streets  running  north  and  south.  All 
irregular  or  unusual  sized  blocks,  and  all  irregular  streets,  shall 
be  numbered  as  may  be  specified  and  directed  by  the  city  engi- 
neer, adhering  as  nearly  as  possible  to  the  foregoing  plan. 

980.  House  numbering  to  be  in  conformity  with  directions 
of  city  engineer.]  It  shall  be  the  duty  of  the  city  engineer, 
in  pursuance  of  the  foregoing  section,  to  establish  and  assign 
all  house  numbers  on  the  streets,  avenues  and  thoroughfares 


EDIOTS  AND  LUNATICS. 


631 


of  the  city,  allowing  as  far  as  practicable  one  number  for  each 
twenty  (20)  feet  of  ground,  and  he  shall  prepare  the  necessary 
maps  and  records  of  the  numbers  assigned  by  him,  and  said 
maps  and  records  shall  be  evidence  of  the  number  so  assigned; 
and  he  shall,  on  demand,  furnish  each  owner  or  occupant  of  a 
house,  or  such  person  as  may  be  employed  by  the  city  in  num- 
bering the  houses  or  buildings,  with  the  necessary  information 
as  to  the  number  belonging  to  each  house,  the  size  and  quality 
of  the  number,  and  the  placing  of  the  same  upon  the  house; 
and  all  numbering  shall  be  strictly  in  conformity  with  the  di- 
rections and  regulations  of  said  city  engineer. 

981.  All  houses  to  be  numbered — penalty  for  failure.] 

All  owners  or  occupants  of  houses  now  erected,  or  which  may 
hereafter  be  erected,  within  said  city,  are  hereby  required  to 
number  their  houses  in  conformity  with  the  provisions  of  this 
article,  and  the  regulations  of  the  city  engineer  in  pursuance 
thereof.  And  any  owner  or  occupant  of  any  house  now  erected, 
or  hereafter  to  be  erected,  who  shall  fail  to  number  said  house, 
as  aforesaid,  within  thirty  days  after  the  taking  effect  of  this 
ordinance,  or  within  thirty  days  after  the  same  shall  be  built, 
or  who  shall  number  any  house  otherwise  than  in  conformity 
with  the  provisions  hereof  and  the  regulations  of  the  city  en- 
gineer, shall  incur  a penalty  of  not  exceeding  five  dollars  for  each 
and  every  such  offense. 

Article  XI. 

IDIOTS  AND  LUNATICS. 

982.  Care  and  support  of.]  If  any  idiot  or  lunatic  shall 
be  found  in  the  city  of  Springfield,  unprotected  by  guardian, 
relative  or  friend,  the  mayor  shall  provide  temporarily  for  his 
or  her  care  and  support,  at  the  expense  of  the  corporation;  but 
if  such  person  shall  not  belong  to  the  city  or  be  chargeable 
thereto,  the  mayor  shall  immediately  notify  the  proper  person 
or  officer  of  the  county  chargeable  therewith,  that  such  idiot 
or  lunatic  is  unprovided  for,  and  to  take  charge  of  and  provide 
for  the  same. 

983.  When  dangerous  to  be  confined.]  When  any  luna- 
tic, found  at  large  or  unprotected  as  aforesaid,  shall  be  so  in- 


GENERAL  04DINANCES  OE  CITY. 


632 

sane  or  disordered  in  mind  as  to  endanger  the  persons  or  prop- 
erty of  others,  or  his  own  person  or  property,  it  shall  be  the  duty 
of  the  superintendent  of  police,  or  any  police  officer,  to  forth- 
with take  and  confine  such  lunatic  in  the  city  prison,  or  other 
suitable  place,  until  proper  provision  can  be  made  for  him  ac- 
cording to  law,  and  such  officer  shall  also  promptly  notify  the 
proper  county  officer,  court  or  person  thereof;  and  all  neces- 
sary expenses  incurred  thereby  shall  be  collected  of  the  person 
or  persons  legally  liable  therefor. 


Article  XII. 

ORDINARIES. 

984.  Defined.]  Any  restaurant,  eating  house,  or  other  such 
place,  where  any  kind  of  food  is  furnished  or  sold  for  human 
use,  to  be  eaten  at  the  place  of  sale,  is  hereby  declared  to  be  an 
ordinary,  within  the  meaning  of  this  article. 

985.  Kept  without  license — penalty.]  No  person  shall 
open,  keep  or  conduct  an  ordinary  within  the  city  of  Spring- 
field,  without  having  first  obtained  a license  therefor,  in  due 
form,  under  a penalty  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

986.  When  kept  open  between  12  p.  m.  and  5 a.  m. — 
penalty.]  No  ordinary  wherein  any  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquors  are  sold  or  kept  for  sale,  and  no 
ordinary  which  may  belong  to,  or  be  in  any  way  connected  with, 
any  dram-shop  or  drinking  saloon  within  said  city,  shall  be 
kept  open  between  the  hours  of  twelve  o’clock  at  midnight  and 
five  o’clock  A.  M.,  under  a penalty  to  the  offender  of  five  dol- 
lars in  each  case;  nor  shall  any  such  ordinary  be  kept  open  on 
Sunday,  under  a penalty  to  the  proprietor  or  keeper  thereof  of 
twenty-five  dollars  for  every  such  offense. 

Article  XIII. 

PAWNBROKERS. 

987.  Defined.]  Whoever  loans  money  on  deposit  or  pledge 
of  personal  property,  or  other  valuable  thing,  or  whoever  deals 
in  the  purchase  of  personal  property  on  condition  of  selling 


PAWNBROKERS. 


633 

the  same  back  again  at  a stipulated  price,  is  hereby  declared  to 
be  a pawnbroker,  within  the  meaning  of  this  article. 

988.  Unlicensed — penalty.]  No  person  shall  engage  in  or 
pursue  the  business  of  a pawnbroker  or  keeper  of  a loan  office, 
within  the  city  of  Springfield,  without  having  obtained  a li- 
cense therefor,  under  a penalty  of  not  less  than  five  dollars  nor 
more  than  one  hundred  dollars,  and  a like  additional  penalty  for 
each  day,  after  the  first  conviction,  that  he  may  carry  on  such 
business  without  being  licensed. 

989.  License — bond.]  Any  person  applying  for  a license 
as  a pawnbroker  or  keeper  of  a loan  office  shall,  before  receiv- 
ing the  same,  pay  into  the  city  treasury,  a license  fee  of  fifty 
dollars  for  that  purpose,  and  shall  give  a bond  to  the  city  of 
Springfield  in  the  penal  sum  of  one  thousand  dollars,  with  at 
least  two  good  and  sufficient  sureties,  to  be  approved  by  the 
mayor,  conditioned  for  the  strict  observance  of  all  ordinances 
of  the  city  council  regulating  or  relating  to  pawnbrokers,  which 
are  or  may  be  in  force  during  the  period  of  such  license. 

990.  Shall  keep  record.]  Every  pawnbroker  or  keeper  of 
a loan  office,  licensed  as  aforesaid,  shall  keep  a suitable  book, 
in  which  shall  be  written  in  ink,  at  the  time  of  making  each 
loan,  an  accurate  description  of  the  goods,  article  or  thing 
pawned  or  pledged,  the  amount  of  money  loaned  thereon,  the 
time  for  which  the  same  is  pledged,  the  rate  of  interest  to  be 
paid  on  such  loan,  and  the  name  and  residence  of  the  person 
pawning  or  pledging  the  goods,  article  or  thing. 

991.  Shall  deliver  to  pawner  note  of  entry  in  book,  and  to 
chief  of  police  daily  a list  of  valuables  received  or  bought  to- 
gether with  a description  of  person  from  whom  received.] 

Every  pawnbroker  or  keeper  of  a loan  office,  shall  also  at  the 
time  of  making  each  loan,  deliver  to  the  person  pawning  or 
pledging  any  goods,  article  or  thing  of  value,  a memorandum 
or  note  signed  by  him,  containing  the  substance  of  the  entry 
to  be  made  in  his  book  aforesaid;  and  it  shall  be  the  duty  of 
every  licensed  person  aforesaid,  to  make  out  and  deliver  to  the 
chief  of  police,  every  day  before  the  hour  of  twelve  M.,  a legible 
and  correct  copy  from  the  book  required  by  the  preceding  sec- 
tion, of  all  personal  property  and  all  other  valuable  thing  re- 


—22 


634 


GENERAL  ORDINANCES  OF  CITY. 


ceived  on  deposit  or  purchased  during  the  preceding  day,  to- 
gether with  the  time,  meaning  the  hour  when  received  or  pur- 
chased, and  a true  description  of  the  person  or  persons  by  whom 
left  in  pledge,  or  from  whom  the  same  were  purchased.  [As 
amended  July  5,  1886. 

992.  Books  to  be  open  to  inspection.]  The  book  required 
by  section  990  of  this  ordinance,  to  be  kept  by  pawnbrokers, 
shall,  at  all  reasonable  times,  be  open  to  the  inspection  of  the 
mayor  or  any  member  of  the  police  force. 

993.  Penalty.]  Any  pawnbroker,  loan-broker  or  keeper 
of  a loan  office  in  said  city,  who  shall  violate  or  neglect  or  re- 
fuse to  comply  with  any  of  the  provisions  of  the  last  three  pre- 
ceding sections  of  this  article,  shall,  on  conviction  thereof,  be 
fined  not  less  than  ten  dollars  nor  more  than  one  hundred  dol- 
lars for  each  offense. 

994.  Not  to  receive  any  valuables  from  thief,  minor,  etc. — 
penalty.]  No  pawnbroker  or  keeper  of  a loan  office,  whether 
licensed  or  unlicensed,  shall  take  or  receive  in  pawn  or  pledge, 
for  money  loaned,  any  property,  article  or  thing  of  value  from 
any  intoxicated  person,  nor  from  any  person  known  to  him  to 
be  a thief,  or  to  have  been  convicted  of  burglary  or  larceny,  nor 
from  any  minor,  under  a penalty  of  not  less  than  five  dollars 
nor  more  than  fifty  dollars  in  each  case. 

995.  Mayor  may  revoke  license.]  It  shall  be  the  duty  of 
the  superintendent  of  police  to  report  to  the  mayor  any  failure 
on  the  part  of  any  person,  licensed  as  aforesaid,  to  comply  with 
any  of  the  provisions  of  this  article,  and  the  mayor  may  revoke 
the  license  off  such  person  on  satisfacto^  cause  appearing  to 
him  for  so  doing. 


Article  XIV. 

PARTITION  AND  BARBED  WIRE  FENCES. 

996.  Unlawful  partition  fence — penalty.]  No  person  shall 
hereafter,  within  the  city  of  Springfield,  erect,  construct,  or 
maintain  any  wood  or  other  partition  fence,  or  any  section  or 
portion  thereof,  which  shall  exceed  five  feet  in  height,  above 
the  surface  of  the  ground,  for  the  first  thirty  feet  back  from 


I-IAWKEltS  AND  PEDDLERS. 


635 


the  front  line  of  the  lot  or  lots,  nor  exceeding  eight  feet  in 
height  for  the  remainder  of  the  distance  to  the  rear  end  of  the 
lot,  except  where  such  partition  fence  shall  form  a necessary 
part  of  some  out-building  on  the  premises,  under  a penalty  of 
not  less  than  three  dollars  nor  more  than  twenty-five  dollars 
for  each  offense,  and  a further  penalty  of  two  dollars  for  every 
day  that  such  person  shall  permit  such  unlawful  fence  to  re- 
main, after  notice  given  to  lower  or  remove  the  same  by  the  street 
superintendent  or  any  police  officer. 

997.  Iron  spikes,  barbed  wire,  etc. — penalty.]  No  fence, 
railing  or  guard  of  any  kind,  within  the  corporate  limits,  shall 
have  placed  or  kept  thereon  any  barbed  wire,  iron  spikes,  or 
other  sharp  pointed,  metallic  instruments,  under  a penalty  to 
the  person  offending  of  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars  for  each  offense,  and  a further  penalty  of 
two  dollars  for  every  day  that  such  person  shall  fail  to  remove 
such  barbed  wire,  iron  spikes,  or  other  sharp  pointed  instru- 
ments, after  notice  to  do  so  by  the  street  superintendent  or  any 
police  officer. 

998.  Barbed  wire  fence  declared  nuisance — penalty.]  No 

fence  consisting  or  made,  either  in  whole  or  in  part,  of  any 
kind  of  barbed  wire,  shall  be  built,  maintained  or  kept,  upon 
or  along  the  line  of  any  street,  avenue,  alley,  or  public  walk, 
or  in  any  public  ground,  within  said  city;  and  every  such  fence 
is  hereby  declared  a nuisance.  Any  property  owner  or  other 
person  who  shall  build,  or  cause  to  be  built,  or  shall  maintain 
any  such  barbed  wire  fence,  shall  be  subject  to  a penalty  of  not 
less  than  five  dollars  nor  more  than  fift}r  dollars,  and  to  a fur- 
ther penalty  of  five  dollars  for  every  day  that  he  shall  permit 
such  fence  to  stand  or  remain,  after  notice  given  to  take  down  or 
remove  the  same  by  the  superintendent  of  streets,  or  any  mem- 
ber of  the  police  force. 

Article  XV. 

HAWKERS  AND  PEDDLERS 

999.  Peddling  without  license.]  Any  person  or  persons 
desiring  to  engage  in  the  occupation  of  hawking  or  peddling, 
(except  farmers  or  gardeners  selling  the  produce  of  their  own 


GENERAL  ORDINANCES  OF  CITY. 


G3() 

farms),  shall  pay  a license  fee  of  fifty  dollars  per  year  in  ad- 
vance, and  it  shall  be  unlawful,  for  any  person  or  persons  to 
engage  in  such  occupation  of  hawking  or  peddling  in  the  city 
of  Springfield,  without  first  having  paid  said  license  fee,  and 
obtaining  a license  to  engage  in  such  occupation. 

1000.  Period  of  license — pack  peddlers  and  corner  vendors — 

fee.]  No  license  shall  be  issued  or  granted  for  a less  period  of 
time  than  from  the  date  of  application  for  said  license  to  the 
thirty-first  day  of  December  following:  Provided , however, 

that  pack  peddlers  and  street  corner  vendors  may  be  granted  a 
license  for  thirty  days,  upon  payment  of  four  dollars  license 
fee,  together  with  a clerk’s  fee  of  one  dollar:  And  provided, 

further,  that  vendors  of  hot  tomales  be  allowed  a license  to 
peddle  or  sell  hot  tomales  on  the  street,  on  the  payment  of  a 
license  fee  of  ten  dollars  per  annum,  together  with  the  fee  of 
one  dollar  as  the  clerk’s  fee;  and  provided , further,  that  no  li- 
cense shall  be  required  of  any  one  under  this  ordinance,  who 
is  exempt  therefrom  by  the  laws  of  the  State  of  Illinois. 

1001a.  Penalty  for  violation.]  Any  person  or  persons, 
violating  the  foregoing  provisions  of  this  ordinance,  shall  be 
subject  to  a fine  of  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars  for  each  offense. 

1001b.  Fraud,  etc. — penalty.]  Any  person  licensed  as  a 
peddler  under  any  ordinance  of  the  city,  who  shall,  while  acting 
in  such  capacity,  be  guilty  of  any  fraud,  deception  or  imposi- 
tion, shall  be  subject  to  a fine  of  not  less  than  five  dollars  nor 
exceeding  twenty-five  dollars. 

1001c.  Shall  not  enter  house  unless,  etc. — penalty.]  No 

peddler  shall  enter  any  private  house  in  said  city,  without  be- 
ing admitted  by  some  occupant  thereof,  nor  shall  insist  upon 
showing  his  goods  or  wares  to  any  person  after  being  told  by 
such  person  that  he  or  she  does  not  wish  to  see  or  purchase  the 
same,  nor  shall  otherwise  vex,  annoy  or  harass  any  person,  under 
a penal ty  of  not  less  than  five  dollars  nor  more  than  twenty- 
five  dollars  for  each  offense. 

lOOld.  Conflicting  ordinances  repealed.]  All  ordinances  or 
parts  or  ordinances  conflicting  herewith  are  hereby  repealed, 


PORTERS  AND  RUNNERS. 


637 


and  this  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  due  publication. 

Article  XVI. 

PORTERS  AND  RUNNERS. 

1002.  License — bond — penalty.]  No  person  shall  pursue 
the  calling  of  a porter  or  runner,  or  solicit  the  patronage  of 
any  traveler  or  person  for  any  hotel  or  public  house,  within  the 
city  of  Springfield,  without  first  procuring  a license  for  such 
purpose,  for  which  he  shall  pay  the  sum  of  ten  dollars  per  year, 
and  shall  execute  a bond  to  said  city  in  the  penal  sum  of  three 
hundred  dollars,  with  sureties,  to  be  approved  by  the  mayor, 
conditioned  for  the  faithful  observance  of  all  ordinances  of  the 
city  council,  regulating  or  relating  to  porters  and  runners. 
Every  violation  of  this  section  shall  subject  the  offender  to  a 
fine  of  five  dollars. 

1003.  Hotel  keeper  may  take  out  license. — proviso.]  The 

proprietor  or  keeper  of  any  hotel  or  public  house,  within  said 
city,  may  take  out  a license  for  such  hotel  or  house,  authorizing 
the  keeper  thereof  to  employ  a suitable  and  well-behaved  per- 
son to  represent  such  house  as  a porter  or  runner,  and  such  per- 
son shall  then  be  authorized  to  act  without  further  license,  and 
such  porter  or  runner  may  be  changed  in  the  discretion  of  the 
person  or  firm  holding  the  license:  Provided , that  in  no  case 

shall  two  or  more  persons  be  authorized  to  act  under  one  li- 
cense at  the  same  time:  And,  provided  further,  that  the  per- 

son or  persons  holding  such  license  shall  be  liable  for  any  and 
all  fines  or  penalties  incurred  by  any  person  acting  under  the 
same,  for  violating  any  ordinance  of  the  city  regulating  or  re- 
lating to  porters  and  runners. 

1004.  Shall  wear  badge — penalty.]  Every  porter  or  run- 
ner, licensed  as  aforesaid,  while  engaged  about  his  business, 
shall  wear  conspicuously  on  some  part  of  his  person,  a badge, 
or  plate,  with  the  name  of  the  hotel  or  public  house  for  which 
he  is  soliciting  patronage  painted  or  engraved  thereon  in  legible 
characters.  Any  violation  of  this  section  shall  subject  the  of- 
fender to  a penalty  of  not  exceeding  five  dollars. 


638 


GENERAL  ORDINANCES  OF  CITY. 


1005.  Boisterous  conduct  forbidden — penalty.]  No  porter 

or  runner  shall,  while  pursuing  his  calling  about  any  railroad 
depot  or  other  place,  within  the  city,  leave  his  vehicle,  or  speak 
in  a loud  or  boisterous  tone  or  manner,  nor  use  any  profane 
or  obscene  language,  nor  lay  hold  of  any  traveler  or  person,  or 
of  any  article  of  baggage,  unless  by  permission  of  the  owner 
or  possessor  thereof,  nor  in  any  manner  vex,  harass  or  impor- 
tune any  person,  nor  be  guilty  of  any  deceit,  imposition  or  false 
representation,  in  the  furtherance  of  his  business,  to  the  annoy- 
ance or  detriment  of  any  person,  under  a penalty  of  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars  for  each 
offense. 


Article  XVII. 

SCAVENGERS. 

1006.  Acting  without  license — penalty.]  No  person  shall 
engage  in  or  pursue  the  occupation  of  a scavenger,  within  the 
city  of  Springfield,,  without  being  specially  licensed  for  such 
purpose,  as  hereinafter  provided,  under  a penalty  of  not  less 
than  five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

1007.  Mayor  to  grant  license.]  The  mayor  is  hereby  au- 
thorized to  grant  licenses,  from  time  to  time,  to  any  person  or 
persons,  as  he  shall  deem  proper,  to  engage  in  the  business  or 
occupation  of  removing  garbage,  offal,  rubbish  and  ashes;  and 
every  person  so  licensed  and  engaged,  shall  be  deemed  a “scaven- 
ger” within  the  meaning  of  this  article. 

1008.  License — bond.]  Any  person  applying  for  such  a 
license,  shall  pay  to  the  city  treasurer  therefor  the  sum  of  ten 
dollars  per  annum,  and  shall  execute  a bond  to  the  city  of  Spring- 
field  in  the  penal  sum  of  five  hundred  dollars,  with  at  least 
two  sureties,  to  be  approved  by  the  mayor,  conditioned  for  the 
faithful  observance  of  the  provisions  of  this  article,  and  of  all 
ordinances  which  may  hereafter  be  passed,  by  the  city  council 
relating  to  the  occupation  or  employment  of  scavengers. 

1009.  Must  dispose  of  garbage  so  that  it  will  not  become 
a nuisance.]  Any  scavenger,  licensed  as  aforesaid,  in  remov- 


SCAVENGERS. 


G39 

ing  any  garbage  or  offal,  shall  take  it  at  least  one-half  mile  be- 
yond the  city  limits,  and  so  deposit  or  dispose  of  the  same  as 
that  it  shall  not  be  or  become  a nuisance  to  persons  residing 
in  the  vicinity,  and  he  shall  also  remove  all  rubbish  and  ashes 
without  the  limits  of  the  city:  Provided , that  the  committee 

on  streets  and  alleys,  or  the  superintendent  of  streets,  may  desig- 
nate suitable  dumping  grounds  within  the  corporate  limits, 
where  it  shall  be  lawful  for  scavengers  and  other  persons  to  de- 
posit rubbish,  dirt  and  ashes. 

1010.  What  rates  allowed  to  charge.]  Licensed  scavengers 
shall  be  allowed  to  charge  and  receive  for  removing  garbage, 
offal,  rubbish  and  ashes,  the  rates  following: 

First — For  removing  each  box  or  barrel  containing  three 
bushels,  not  exceeding  fifteen  cents. 

Second — For  removing  each  box,  keg  or  barrel  containing 
two  bushels,  not  exceeding  ten  cents. 

Third — For  removing  each  box  or  vessel  containing  one 
bushel  or  less,  five  cents. 

Such  fee  or  fees  shall  be  paid  to  the  scavenger,  in  all  cases, 
by  the  person  or  persons  employing  him  to  do  the  work. 

1011.  May  keep  slate  for  orders — wagon  to  be  numbered.] 

Each  licensed  scavenger  may  keep  a suitable  slate  or  board  at 
the  police  headquarters,  and  at  each  of  the  fire  engine  houses, 
where  persons  desiring  his  services  can  leave  their  orders.  The 
wagon  or  other  vehicle  used  by  such  scavenger  shall  be  num- 
bered with  the  number  of  his  license,  and  shall  be  at  all  times 
kept  in  repair,  and  in  an  inoffensive  condition. 

1012.  Penalty — mayor  may  revoke  license.]  Any  licensed 
scavenger  who  shall  violate,  or  fail  or  refuse  to  comply  with 
any  of  the  provisions  or  requirements  of  this  article,  shall',  upon 
conviction,  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars  for  each  offense;  and  the  mayor  may  at  any  time  re- 
voke such  license,  when  it  shall  appear  to  his  satisfaction  that 
the  person  licensed  has  violated  or  failed  to  observe  any  require- 
ment hereof. 


GENERAL  ORDINANCES  OF  CITY. 


640 

Article  XVIII. 

SECOND-HAND  DEALERS  AND  KEEPERS  OF  JUNK  SHOPS. 

1013.  Second-hand  dealers — acting  without  license — pen- 
alty.] No  person  or  firm  shall,  within  the  city  of  Springfield, 
exercise  or  carry  on  the  business  of  dealer  in  second-hand 
furniture,  household  goods,  second-hand  clothing,  or  other  such 
articles,  without  being  duly  licensed  for  such  purpose,  under 
a penalty  of  not  less  than  five  dollars  nor  more  than  one  hun- 
dred dollars,  and  a like  penalty  for  each  day,  after  conviction, 
that  such  person  shall  continue  to  carry  on  said  business  without 
license. 

1014.  Junk  shop  keeper  without  license — penalty — proviso.] 

No  person  shall,  within  said  city,  conduct  or  carry  on  the  busi- 
ness of  keeper  of  a junk  shop  or  store,  or  place  for  the  purchase 
or  sale  of  junk,  rags,  old  rope,  paper  or  bagging,  old  iron,  brass, 
copper,  tin,  lead,  or  empty  bottles,  without  being  duly  licensed 
for  such  purpose,  under  a penalty  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars,  and  a similar  penalty  for 
each  day,  after  conviction,  that  such  person  shall  continue  to 
conduct  or  carry  on  said  business  without  a license:  Provided , 

that  this  section  shall  not  be  held  to  apply  to  manufacturers 
purchasing  rags,  paper,  old  iron,  or  other  metal  for  use  in  their 
manufacturing  establishments. 

1015.  License — bond.]  Any  person  desiring  a license  from 
the  city,  either  as  a second-hand  dealer,  or  keeper  of  a junk 
shop  or  store,  shall  make  application,  in  writing,  to  the  mayor 
therefor,  and  pay  into  the  city  treasury  the  license  fee  or  fees 
elsewhere  in  this  ordinance  prescribed  for  such  purpose,  and 
shall,  at  the  time  of  receiving  such  license,  execute  a bond  to 
the  city  of  Springfield  in  the  penal  sum  of  five  hundred  dollars, 
with  sureties,  to  be  approved  by  the  mayor,  conditioned  for  the 
due  observance  of  all  ordinances  of  the  city  council,  regulating 
or  relating  to  his  said  business,  which  now  are  or  may  be  in  force 
during  the  continuance  of  such  license. 

1016.  May  keep  wagons — proviso — penalty.]  Every  sec- 
ond-hand dealer,  or  keeper  of  junk  shop  or  store,  licensed  as 
aforesaid,  shall  be  entitled  to  keep  one  or  more  wagons  or  other 


SECOND-HAND  DEALERS  AND  JUNK  SHOPS. 


641 


vehicles  for  use  in  the  prosecution  of  his  ordinary  business: 
Provided , that  before  using  any  such  vehicle  he  shall  have 
painted  or  affixed  on  the  outside  of  the  bed  or  body  of  the  same, 
in  plain  letters  or  figures,  the  number  of  his  license,  and  also 
the  number  of  his  place  of  business,  under  a penalty  of  one  dol- 
lar for  each  day  the  same  may  be  used  without  being  so  num- 
bered. 

1017.  In  case  of  removal  shall  notify  city  clerk.]  In  case 
any  person  so  licensed,  whether  as  a dealer  in  second-hand  ar- 
ticles or  keeper  of  a junk  shop,  shall  remove  his  store  or  place 
of  business  .from  the  place  designated  in  the  license,  he  shall 
thereupon  notify  the  city  clerk  of  such  removal,  and  have  the 
transfer  indorsed  upon  his  license,  and  the  number  of  his  place 
of  business  shall  be  changed  on  the  body  of  his  vehicle,  and  made 
to  correspond  with  such  change  of  store  or  place  of  business. 

1018.  Not  to  buy  anything  except,  etc.,  from  minor  without, 
etc. — penalty.]  No  dealer  in  second-hand  goods  or  keeper 
of  a junk. shop  shall,  within  said  city,  purchase  any  goods,  arti- 
cle or  thing  whatever,  except  old  rags  and  waste  paper,  from 
any  minor,  without  the  written  consent  of  the  parent  or  guar- 
dian of  such  minor,  under  a penalty  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  each  offense. 

1019.  Goods  lost  or  stolen  to  be  produced — penalty.] 

Every  dealer  in  second-hand  articles,  or  keeper  of  a junk  shop, 
who  shall  receive  or  be  in  possession  of  any  goods,  articles  or 
things  of  value,  which  may  have  been  lost  or  stolen,  or  alleged 
to  have  been  lost  or  stolen,  shall,  upon  demand  to  view  or  ex- 
amine the  same,  forthwith  produce  such  goods,  articles  or  things, 
to  the  mayor  or  any  member  of  the  police  force  of  the  city, 
under  a penalty  of  not  less  than  five  dollars  nor  exceeding  one 
hundred  dollars  for  every  neglect  or  refusal  to  do  so. 

1020.  Shall  keep  book,  and  record  things  purchased,  and 
from  whom — penalty.]  It  shall  be  the  duty  of  every  second- 
hand dealer  or  keeper  of  a junk  store,  licensed  as  aforesaid,  to 
keep  a book,  in  which  shall  be  WTitten,  at  the  time  of  the  purchase 
of  any  article  or  thing,  in  the  way  of  his  business,  an  accurate 
description  of  the  article  or  thing  so  purchased,  the  price  paid 
therefor,  the  precise  time  of  making  such  purchase,  and  the 


GENERAL  ORDINANCES  OF  CITY. 


642 


name  and  residence  of  the  person  from  whom  such  purchase  was 
made;  and  said  book  shall,  at  all  reasonable  times,  be  open  to 
the  inspection  of  the  mayor,  the  chief  of  police,  or  the  chair- 
man of  the  committee  on  police.  Any  second-hand  dealer,  or 
junk  keeper,  who  shall  violate,  or  neglect  or  refuse  to  comply 
with  any  of  the  requirements  of  this  section,  shall  be  subject 
to  a line  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars, 
and  to  a further  fine  of  ten  dollars  for  each  day,  after  the  first 
conviction,  that  he  shall  continue  in  such  violation,  neglect  or 
refusal. 

1021.  Book  to  be  open  to  inspection.]  The  book  required 
by  the  preceding  section  to  be  kept  by  second-hand  stores  and 
junk  shops  shall,  at  all  reasonable  times,  be  open  to  the  inspec- 
tion of  the  mayor  or  any  member  of  the  police  force,  under  a 
penalty  of  not  less  than  ten  dollars  and  not  more  than  one  hun- 
dred dollars  for  each  neglect  or  refusal  to  allow  such  inspec- 
tion. [Passed  December  4,  1893. 

Article  XIX. 

SIGNS. 

1022.  Not  to  project  more  than  three  feet — penalty.]  No 

person  shall  place  or  suspend,  or  cause  to  be  placed  or  sus- 
pended, from  any  house,  shop,  store,  lot  or  place,  over  or  into 
any  street,  alley  or  sidewalk,  within  the  city  of  Springfield,  any 
sign  or  show-board,  or  any  goods,  wares  or  merchandise,  or  any 
other  thing,  so  that  the  same  shall  project  from  the  wall  or 
front  of  said  house,  shop,  lot  or  place,  more  than  three  feet 
towards  or  into  the  street  or  alley,  or  over  the  sidewalk,  under 
a penalty  of  not  less  than  three  dollars  nor  more  than  twenty- 
five  dollars  for  each  and  every  offense. 

1023.  When  projecting  more  than  three  feet,  or  when  less 
than  eight  feet  above  sidewalk — penalty.]  Signs  securely 
fastened  may  be  suspended  over  the  sidewalks  not  exceeding 
three  feet  from  the  front  line  of  the  building  or  lot,  and  at  a 
height  above  the  sidewalks  of  not  less  than  eight  feet  in  the 
lowest  part  thereof.  Any  person  who  shall  place,  suspend,  keep 
or  maintain  any  sign,  show-bill,  lantern  or  show-board,  so  that 
the  same  shall  project  from  the  building,  store-room  or  prem- 


TELEGRAPH,  TELEPHONES,  ETC. 


G43 


ises,  owned  or  occupied  by  him,  more  than  three  feet  over  the 
sidewalk,  or  at  an  elevation  of  less  than  eight  feet  in  the  low- 
est part  thereof  above  the  sidewalk,  shall  be  subject  to  a penalty 
of  not  less  than  three  dollars  nor  more  than  twenty-five  dollars 
in  each  case,  and  to  a further  penalty  of  three  dollars  for 
every  day  that  such  person  shall  suffer  or  permit  such  unlaw- 
ful sign,  show-bill,  show-board  or  lantern  to  remain,  after  be- 
ing ordered  to  remove  the  same  by  the  street  superintendent  or 
any  member  of  the  police  force. 

1024.  Barbers’  poles,  how  placed — penalty.]  Barbers’ 
poles  and  other  sign-posts,  not  exceeding  ten  feet  in  height,  may 
be  erected  on  the  sidewalks;  but  they  shall  be  placed  and  kept, 
by  the  respective  owners  thereof,  within  three  feet  of  the  build- 
ing or  front  line  of  the  lot,  under  a penalty  to  the  offender  of 
not  less  than  three  dollars  nor  more  than  twenty-five  dollars  in 
each  case,  and  a further  penalty  of  three  dollars  for  every  day 
that  such  pole  or  sign  post  shall  continue  or  remain,  after  an 
order  given  to  remove  the  same  by  the  street  superintendent  or 
any  member  of  the  police  force. 

Article  XX. 

TELEGRAPHS,  TELEPHONES,  ETC. 

1025.  Erecting,  etc.,  without  consent — penalty.]  No  per- 
son, company  or  corporation,  shall  hereafter  erect  or  maintain 
any  telegraph,  telephone  or  electric  light  posts  or  poles,  or  any 
telegraph  or  telephone  wires,  or  electric-light  conductors,  in, 
upon,  across  or  along  any  street,  avenue,  alley  or  public  place, 
within  the  city  of  Springfield,  without  having  first  obtained 
the  permission  and  consent  of  the  city  council  therefor,  under 
a penalty,  in  each  case,  of  not  less  than  fifty  dollars  nor  more 
than  two  hundred  dollars ; and  the  recovery  of  one  penalty  shall 
be  no  bar  to  further  prosecutions  for  a continuation  of  the  same 
offense. 

1026.  Poles  and  wires  not  to  impede  travel  or  injure  pro- 
perty— penalty.]  No  person,  company  or  corporation,  obtain- 
ing such  permission  or  authority  from  the  city  council,  as  afore- 
said, shall  so  set,  erect  or  maintain  any  posts  or  poles,  or  so 
place  or  hang  any  wires  thereon,  as  to  impede  or  interfere  with 


644 


GENERAL  ORDINANCES  OF  CITY. 


the  public  travel  upon  any  street,  avenue,  alley  or  sidewalk, 
or  so  as  to  injure  or  damage  any  public  or  private  property 
within  the  city,  under  a penalty  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  for  each  day  they  shall  fail 
to  remedy  or  remove  the  same,  after  being  notified  to  do  so  by 
the  mayor,  the  chairman  of  the  committee  on  streets  and  alleys, 
or  the  street  superintendent;  and  they  shall  also  be  liable  for 
any  and  all  damages  resulting  to  the  owners  of  private  property 
from  the  placing  or  keeping  of  their  poles  or  wires  in,  upon  or 
along  any  street,  avenue  or  alley  of  said  city. 

1027.  Poles  to  be  placed  under  direction  of  the  mayor,  etc.] 

The  setting  or  placing  of  all  telegraph,  telephone  or  electric 
light  posts  or  poles,  within  the  city,  shall  be  done  under  the 
direction  and  supervision  of  the  mayor  and  committee  on  streets 
and  alleys,  whose  duty  it  shall  be  to  see  that  the  poles  used  are 
of  sufficient  length,  and  that  the  wires  are  elevated  to  such 
height  as  not  to  inconvenience  or  incommode  the  public  in  the 
free  use  of  any  street,  avenue,  alley  or  highway;  and  it  shall 
also  be  the  duty  of  said  committee  to  prosecute,  or  cause  to  be 
prosecuted,  all  persons,  companies  or  corporations  violating 
any  of  the  provisions  of  this  article. 

1028.  Injuring  poles,  wires,  etc. — penalty.]  Whoever  shall 
willfully,  maliciously  or  negligently  cut  down,  break,  injure 
or  destroy,  any  telegraph,  telephone  or  electric  light  pole;  ol 
shall  cut  or  break  any  wire  or  electric  conductor;  or  shall  de- 
face, injure  or  destroy  any  telephone  box  or  apparatus,  within 
said  city,  except  in  case  of  necessity  from  fire  or  other  casualty, 
shall,  upon,  conviction,  be  fined  not  less  than  five  dollars  nor 
more  than  two  hundred  dollars  for  each  offense. 

Article  XXI. 

TELEGRAPH  AND  OTHER  WIRES. 

1029.  Height  of  wires.]  All  telegraph,  gate,  and  telephone 
wires  over  street  car  railways,  that  are  now  or  may  hereafter 
be  strung  over  such  railways,  shall  be  placed  at  an  elevation 
not  less  than  twenty-five  feet  above  the  surface  of  the  street. 

1030.  Penalty.]  All  persons,  companies,  or  corporations 
shall  be  liable  to  a penalty  of  twenty-five  dollars  for  any  vio- 


INSPECTION  OF  WIRES  AND  POLES. 


G45 


lation  or  disregard  of  the  provisions  of  this  ordinance,  and  the 
recovery  of  one  fine  shall  be  no  bar  to  the  recovery  for  further 
violations  or  disregard  of  the  provisions  hereof. 

1031.  Metallic  poles  not  to  be  used.]  That  hereafter, 
within  the  city  limits,  no  electric  railway,  electric  light,  tele- 
phone, telegraph,  or  other  electric  company,  shall  erect  or  place 
their  wires  upon,  or  connected  with,  any  iron  or  metallic  poles 
in  the  streets  of  the  city,  except  such  as  are  now  in  use. 

1032.  Former  ordinances  repealed — wooden  poles  only.] 

All  ordinancs  or  parts  of  ordinances  heretofore  passed  requir- 
ing iron  or  metallic  poles,  shall,  so  far  as  they  provide  for  that 
class  of  poles,  be  and  the  same  are  hereby  repealed,  and  wooden 
poles  only  shall  hereafter  be  erected. 

Article  XXII. 

INSPECTION  OF  WIRES  AND  POLES. 

1033.  Police  to  inspect.]  It  shall  be  the  duty  of  the  police 
department  with  advice  and  direction  of  the  city  electrician  to 
inspect  all  poles  and  wires  of  each  and  every  telephone  company, 
telegraph  company,  electric  light  company,  city  railway  com- 
pany or  any  poles  or  wires  belonging  to  any  person,  company 
or  corporation  within  the  city  of  Springfield  with  a view  of  ob- 
taining the  safe  condition  of  the  same,  and  report  the  same  to 
the  city  electrician  who  shall  thereupon  notify  the  owners  to 
make  any  such  repairs,  changes  or  removals  as  the  conditions 
may  require.  Such  inspection  shall  be  made  once  a month. 

1034.  City  electrician  to  furnish  blanks.]  The  city  elec- 
trician shall  have  printed  in  book  form  for  the  use  of  the  patrol- 
men, a lot  of  blanks  such  as  will  be  most  convenient  for  the 
purpose  of  making  the  desired  reports,  and  each  patrolman  shall 
be  supplied  with  one  of  these  books  and  be  required  by  the  chief 
of  police  to  make  good  and  careful  inspection  of  all  poles  and 
wires  designated  by  the  chief  of  police  for  him  to  inspect,  and 
answer  such  questions  and  fill  out  such  blanks  as  the  city  elec* 
trician  shall  deem  proper  to  have  answered  or  filled: 

1035.  Fees.]  Any  person,  company  or  corporation  owning 
any  poles  within  the  said  city  from  which  shall  be  suspended 


GENERAL  ORDINANCES  OE  CITY. 


G4G 

or  stretched  any  electrical,  telephone,  telegraph,  trolley  or  sup- 
port wires,  shall  pay  into  the  office  of  the  city  treasurer  an  an- 
nual fee  as  follows:  for  every  pole  so  owned  by  said  person, 

company  or  corporation,  all  telephone  or  telegraph  companies 
shall  pay  seventy-fice  cents;  all  street  railway  companies  shall 
pay  fifty  cents;  all  electric  light  companies  shall  pay  twenty- 
live  cents,  and  all  other  companies  not  mentioned  or  desig- 
nated shall  pay  at  the  rate  of  fifty  cents,  which  fee  shall  be 
known  as  the  inspection  fee,  to  defray  the  expenses  of  carry- 
iny  into  effect  the  foregoing  sections. 

1036.  Penalty  for  violation.]  Any  company,  person  or 
corporation  violating  the  provisions  of  this  ordinance  or  fail- 
ing to  comply  with  the  requirements  of  the  same  shall  be  sub- 
ject to  a penalty  of  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  .dollars  and  to  a like  penalty  for  each  day 
during  which  such  violation  or  failure  shall  continue.  [Passed 
August  19,  1895. 


Article  XXIII. 

TREES. 

1037.  How  planted — proviso — penalty  for  violation.]  All 

shade  or  ornamental  trees  placed  along  any  street  or  avenue, 
within  the  city  of  Springfield,  shall  be  planted  on  a line  two 
feet  inside  of  the  outer  edge  of  the  sidewalk  or  curbing  thereof, 
as  defined  by  the  ordinance  relating  to  sidewalks:  Provided , 

that  on  streets  and  avenues  where  the  curb  line  of  the  sidewalk 
is  sixteen  or  more  feet  from  the  front  line  of  the  lots  or  property 
abutting  thereon,  the  trees  shall  be  planted  on  a line  eight  or 
ten  feet  from  the  front  line  of  said  abutting  property,  accord- 
ing to  the  width  of  the  street:  And  provided , further , that  no 

trees  shall  hereafter  be  planted  or  cultivated  on  any  sidewalk 
which  is  less  than  eight  feet  wide,  nor  on  any  street  or  thor- 
oughfare of  forty  feet  or  less  in  width.  Any  person  who  shall 
plant,  or  cause  to  be  planted,  or  shall  keep  or  maintain,  any 
tree  or  trees  upon  any  street,  avenue  or  sidewalk,  contrary  to 
any  of  the  above  provisions  of  this  section,  shall  be  deemed 
guilty  of  obstructing  such  street,  avenue  or  sidewalk,  and  shall 
be  subject  to  a penalty  of  one  dollar  for  each  and  every  tree  so 


TREES. 


647 


planted  or  maintained;  and  the  city  council  may,  at  any  time, 
order  such  tree  or  trees  to  be  cut  down  and  removed  by  the  street 
superintendent  or  the  chief  of  police. 

1038.  Cutting  or  injuring — penalty.]  No  person,  except 
the  owner  or  occupant  of  the  abutting  property,  shall  cut,  fell, 
injure  or  remove  any  shade  or  other  tree,  standing  in  or  upon 
any  street,  avenue,  sidewalk  or  public  ground,  unless  by  the 
authority  and  direction  of  the  city  council,  under  a penalty  of 
not  less  than  three  dollars  nor  more  than  fifty  dollars  for  each 
offense. 

1039.  To  be  trimmed  up  ten  feet.]  All  trees  planted,  cul- 
tivated or  maintained  in  or  along  any  of  the  streets  or  avenues 
of  the  city,  shall  have  the  boughs  or  branches  thereof  cut  and 
trimmed  up  at  least  ten  feet  above  the  ground,  so  as  not  to  in- 
commode the  passage  of  persons  or  teams  along  any  street,  avenue 
or  sidewalk,  and  so  as  not  to  obstruct  the  reflection  of  the  pub- 
lic street  lamp. 

1040.  Interfering  with  travel,  obstructing  street  lamps, 
must  be  trimmed — penalty.]  If  any  tree  or  trees  shall  be  per- 
mitted by  the  owner  or  occupant  of  the  adjacent  premises  to 
grow  in  such  way  as  to  interfere  with  travel  on  any  street,  avenue 
or  sidewalk,  or  so  as  to  obstruct  the  light  from  the  public  street 
lamps,  it  shall  be  the  duty  of  the  superintendent  of  streets  to 
notify  such  owner  or  occupant,  in  writing,  to  trim  such  tree 
or  trees  within  the  time  and  in  the  manner  to  be  specified  in 
the  notice;  and  if  any  person  so  notified  shall  neglect  or  refuse 
to  comply  with  such  notice,  he  shall  be  liable  to  a penalty  of  one 
dollar  for  each  and  every  tree  he  was  required  to  trim,  and  neg- 
lected or  refused  to  do  so;  and  said  superintendent  shall  forth- 
with cause  such  trees  to  be  trimmed  at  the  expense  of  the  city, 
and  the  cost  thereof  may  be  recovered  by  suit,  in  the  name  of 
the  corporation,  against  the  person  neglecting  or  refusing  to 
do  so  as  aforesaid. 

1041.  Not  to  cut  trees  without  permission.]  No  person, 
company  or  corporation  shall  trim,  cut,  or  injure  any  tree  in 
the  city  of  Springfield  without  first  having  been  granted  per- 
mission to  do  so  by  the  property  owner  or  the  board  of  public 
improvements. 


648 


GENERAL  ORDINANCES  OF  CITY. 


1042.  Penalty  for  violation.]  Any  person,  company  or  cor- 
poration violating  the  preceding  section  shall,  upon  conviction, 
be  fined  not  loss  than  five  dollars  nor  more  than  one  hundred 
dollars  for  each  offense.  [Passed  August  6,  1900. 

Article  XXIV. 

WARDS  AND  WARD  BOUNDARIES. 

1043.  Seven  Wards.]  The  city  of  Springfield  shall  be,  and 
is  hereby  divided  into  seven  wards,  each  of  which  shall  com- 
prise territory  as  hereinafter  described. 

1044.  First  Ward.]  The  boundary  of  the  First  Ward  shall 

be  as  follows:  Commencing  at  the  intersection  of  the  center 

line  of  Adams  street  with  the  center  line  of  East  Grand  avenue, 
and  running  thence  north  to  the  center  line  of  North  Grand 
avenue,  thence  west  on  the  center  line  of  North  Grand  avenue 
to  a stone,  being  the'  southeast  corner  of  section  twenty-two 
(22),  T.  16,  N.  R.,  5 W.  of  3d  P.  M.,  thence  north  on  the  east 
line  of  the  reservoir  grounds,  twelve  chains  and  99  1-3  links 
to  the  northeast  corner  of  said*  grounds,  thence  west  on  the  north 
line  of  said  grounds  to  a point  174  feet  east  of  the  east  line 
of  Eleventh  street,  thence  north  to  the  north  line  of  Black 
avenue,  thence  west  on  the  north  line  of  Black  avenue  to  a point 
opposite  the  center  line  of  Tenth  street  (continued),  thence 
south  along  the  center  line  of  Tenth  street  (continued)  to  its 
intersection  with  the  center  line  of  Adams  street,  thence  east 
to  the  center  line  of  East  Grand  avenue.  And  the  territory  in- 
cluded within  said  boundaries  shall  constitute  and  be  known  as 
the  First  Ward. 

1045.  Second  Ward.]  The  boundary  of  the  Second  Ward 

shall  be  as  follows : Commencing  at  the  intersection  of  the 

center  line  of  Carpenter  street  with  the  center  line  of  Tenth 
street  and  running  north  on  the  center  line  of  Tenth  street  to 
the  north  line  of  Black  avenue,  thence  west  on  the  north  , line 
of  Black  avenue  to  the  east  line  of  Eighth  street,  thence  north 
on  the  east  line  of  Eighth  street  200  feet,  thence  west  in  a di- 
rect line  to  the  center  line  of  Third  street,  thence  south  to  the 
center  line  of  Carpenter  street,  thence  east  to  the  center  line  of 


AY  ARDS  AND  WARD  BOUNDARIES. 


649 

Tenth  street.  And  the  territory  included  within  said  boundaries 
shall  constitute  and  be  known  as  the  Second  Ward. 

1046.  Third  Ward.]  All  that  territory  within  the  limits  of 
the  city  of  Springfield  lying  north  of  the  center  line  of  Monroe 
street,  and  west  of  the  center  line  of  Third  street  shall  be,  and 
is  hereby  constituted  the  Third  Ward  of  the  city  of  Springfield. 

1047.  Fourth  Ward.]  All  that  territory  within  the  limits 
of  the  city  of  Springfield  lying  south  of  the  center  line  of 
Monroe  street,  and  west  of  the  center  line  of  Third  street  shall 
be,  and  is  hereby  constituted  the  Fourth  Ward  of  the  city  of 
Springfield. 

1048.  Fifth  Ward.]  The  boundary  of  the  Fifth  Ward 

shall  be  as  follows : Commencing  at  the  intersection  of  the 

center  line  of  Tenth  street  with  the  center  line  of  Adams  street, 
and  running  thence  west  to  the  center  line  of  Third  street,  thence 
south  to  the  center  line  of  South  Grand  avenue,  thence  east 
to  the  center  line  of  Tenth  street,  thence  north  to  the  center  line 
of  Adams  street.  And  the  territory  included  within  said  boun-* 
daries  shall  constitute  and  be  known  as  the  Fifth  Ward. 

1049.  Sixth  Ward.]  The  boundary  of  the  Sixth  Ward  shall 

be  as  follows : Commencing  at  the  intersection  of  the  center 

line  of  East  Grand  avenue  with  the  center  line  of  Adams  street, 
and  running  west  to  the  center  line  of  Tenth  street,  thence 
south  to  the  center  line  of  South  Grand  avenue,  thence  east  to 
the  center  line  of  East  Grand  avenue,  thence  north  to  the  center 
line  of  Adams  street.  And  the  territory  included  within  said 
boundaries  shall  constitute  and  be  known  as  the  Sixth  Ward. 

1050.  Seventh  Ward.]  The  boundary  of  the  Seventh  Ward 

shall  be  as  follows : Commencing  at  the  intersection  of  the 

center  line  of  Adams  street  with  the  center  line  of  Tenth  street, 
and  running  north  to  the  center  line  of  Carpenter  street,  thence 
west  on  the  center  line  of  Carpenter  street  to  the  center  line  of 
Third  street,  thence  south  to  the  center  -line  of  Adams  street, 
thence  east  to  the  center  line  of  Tenth  street.  And  the  territory 
included  within  said  boundaries  shall  constitute  and  be  known 
as  the  Seventh  Ward. 


650 


GENERAL  ORDINANCES  OF  CITY. 


Article  XXV. 

GENERAL  PENALTY — REPEAL — PROVISO — WHEN  THIS  ORDINANCE 
TO  BE  IN  FORCE. 

1051.  Amount  of  general  penalty.]  Any  person,  company 
or  corporation  vkjating  any  of  the  foregoing  provisions  of  the 
foregoing  ordinances  where  no  other  fine  or  penalty  is  pro- 
vided for  the  breach  thereof,  shall  be  subject  to  a fine  of  not 
less  than  five  dollars  nor  more  than  two  hundred  dollars  for 
each  offense. 

1052.  Repealing  clause — proviso.]  All  public  or  general 

ordinances,  or  parts  thereof,  not  included  within  the  foregoing 
ordinances,  are  hereby  repealed,  so  far  as  they  contravene  or 
conflict  with  the  provisions  hereof : Provided , that  no  right, 

debt,  obligation  or  liability  accrued  or  incurred,  or  any  fine, 
penalty  or  forfeiture  imposed  or  assessed,  or  any  suit  or  action 
instituted  and  pending  under  any  of  such  ordinances,  shall  be 
released,  discharged  or  annulled,  or  in  anywise  affected  by 
such  repeal;  but  the  same  may  be  prosecuted,  recovered,  com- 
pleted and  enjoyed  in  the  same  manner,  and  as  fully  in  all  re- 
spects, as  if  such  ordinances,  or  parts  thereof,  had  remained 
in  full  force. 

1053.  Special  ordinances  not  repealed.]  Special  or  private 

ordinances  and  resolutions,  passed  by  the  city  council,  are  not 
repealed  or  modified,  unless  the  same  be  repugnant  to  the  pro- 
visions of  the  foregoing  ordinances. 

1054.  When  in  force.]  This  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage  and  due  publication. 

Passed  January  27,  1902. 

Approved  January  28,  1902. 

JOHN  L.  PHILLIPS,  Mayor . 


Ordered  printed  and  published  in  book  form  by  the  City  Council  of  the  City 
of  Springfield,  May  9,  1902. 


SPECIAL  ORDINANCES 


OF  THE 


CITY  OF  SPRINGFIELD 


SPECIAL  ORDINANCES. 


ARTICLE  NINE  OF  GENERAL  INCORPORATION  ACT. 

An  Ordinance  adopting  Article  9 of  an  act  entitled  “An  act  to  provide  for  the 
Incorporation  of  Cities  and  Villages.”  [Passed  August  6,  1872.  Approved 
August  6,  1872. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1055.  Adoption  of  Article  9.]  § 1.  That  in  pursuance 

of  section  fifty-four  (54)  of  article  (9)  of  an  act  of  the  Gen- 
eral Assembly  of  Illinois,  approved  April  10,  1872,  entitled 
“An  act  to  provide  for  the  incorporation  of  cities  and  villages,” 
the  provisions  of  article  nine  (9)  of  an  act  entitled  “An  act  to 
provide  for  the  incorporation  of  cities  and  villages,”  passed 
by  the  General  Assembly  of  the  State  of  Illinois,  and  approved 
by  the  Governor  on  the  10th  day  of  April,  A.  D.  1872,  be,  and 
the  same  are  hereby,  adopted  for  the  use,  benefit  and  good 
government  of  the  city  of  Springfield. 

1056.  Repeal,  etc.]  § 2.  All  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed.  This  ordi- 
nance to  take  effect  and  be  in  force  from  and  after  its  passage. 

INCORPORATION-  OF  THE  CITY  UNDER  GENERAL 

LAW. 

An  Ordinance  to  submit  the  question  of  incorporation,  under  the  general  law 
of  1872,  to  a vote  of  the  electors  of  the  City  of  Springfield.  [Passed  February 
22,  1882.  Approved  February  23,  1882. 

Whereas,  one-eighth  of  the  legal  voters  of  the  city  of  Spring- 
field,  voting  at  the  last  preceding  municipal  election,  have  pe- 
titioned the  mayor  and  council  thereof  to  submit  the  question 
as  to  whether  said  city  shall  become  incorporated  under  an  act 
of  the  General  Assembly  of  the  State  of  Illinois,  entitled  “An 
aci  to  provide  for  the  incorporation  of  cities  and  villages,”  ap- 
proved April  10,  1872,  and  in  force  July  1,  1872,  to  a vote  of 


SPECIAL  ORDINANCES  OF  CITY. 


( >51 

the  electors  of  said  city  at  the  next  ensuing  municipal  elec- 
tion ; now,  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1057.  Questions  submitted — time  of.]  § 1.  That  the 

question  of  incorporation  or  organization  under  said  act  of 
1872,  and  also  the  question  of  minority  representation  in  the 
city  council,  as  provided  in  said  act,  be,  and  the  same  are  hereby, 
submitted  to  the  electors  of  the  city  of  Springfield,  for  adop- 
tion or  rejection,  at  the  next  ensuing  municipal  election,  to  be 
held  in  and  for  said  city  on  the  first  Tuesday  of  April,  1882. 

1058.  Mayor  to  give  notice  of  election — judges — returns 

— ballots.  ] § 2.  The  mayor  is  hereby  authorized  and  instructed 

to  give  the  notice  prescribed  in  the  second  section  of  the  act 
aforesaid  for  an  election  to  be  held  in  the  several  wards  of  said 
city,  at  the  usual  voting  places  therein,  on  the  day  and  date 
hereinbefore  specified,  upon  the  question  herein  set  forth.  The 
judges  of  said  election  shall  be  the  same  persons  as  those  duly 
appointed  by  the  city  council  for  the  regular  charter  and  town 
election,  to  be  held  at  the  time  and  place  or  places  aforesaid. 
Said  election  shall  be  opened  and  conducted  in  the  manner 
provided  by  law  and  the  ordinances  for  other  municipal  elec- 
tions, and  the  judges  shall  make  returns  thereof  to  the  city 
council,  who  shall  canvass  the  same  and  cause  the  result  of 
such  canvass  to  be  entered  upon  the  journal  of  the  city  coun- 
cil. The  ballots  used  at  such  election  shall  be  in  the  follow- 
ing form:  “For  city  organization  under  general  law,”  or 

“ Against  city  organization  under  general  law;”  “For  minority 
representation  in  the  city  council,”  or,  “Against  minority  repre- 
sentation in  the  city  council.” 

1059.  In  force  from  passage.]  § 3.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Transcript  from  Journal  of  the  City  Council , showing  the  result  of  the  election  held 
under  foregoing  ordinance. 

A meeting  of  the  city  council  of  the  city  of  Springfield,  held  at  the  council 
chamber,  Thursday  evening,  April  6,  1882,  at  7:30  o’clock,  pursuant  to  adjourn- 
ment. Result  of  a canvass  of  the  returns  of  an  election  held  in  the  several  elec- 
tion districts  of  the  city  of  Springfield  on  the  fourth  day  of  April,  A.  D.  1882,  upon 
the  question  of  the  organization  of  said  city  under  the  general  law,  entitled  “An 


CITY  BONDED  INDEBTEDNESS. 


655 


act  to  provide  for  the  incorporation  of  cities  and  villages,”  approved  April  10,1872, 
in  force  July  1,  1872;  also  upon  the  question  of  minority  representation  in  the  city 
council  of  said  city : 

Total  vote. 


For  city  organization  under  general  law 2,500 

Against  “ “ “ 863 

For  minority  representation  in  the  city  council 71 

Against  “ “ “ “ 100 


Majority  for  city  organization  under  general  law 1,637 


Majority  against  minority  representation  in  the  city  council* 29 


State  of  Illinois,  ? 

Sangamon  County,  j bb‘ 

I,  Harry  C.  Watson,  city  clerk  of  the  city  of  Springfield,  in  the  county  of 
Sangamon,  and  State  aforesaid,  do  hereby  certify  that  the  foregoing  is  a true  and 
correct  transcript  of  the  entry  made  upon  the  record  of  the  proceedings  of  the  city 
council  of  said  city  of  Springfield,  of  the  canvass  of  the  votes,  and  showing  the 
result  of  the  election  held  April  4,  1882,  upon  the  question  of  the  organization  of 
said  city  under  ‘ ‘An  act  to  provide  for  the  incorporation  of  cities  and  villages,  ” in 
‘force  July  1,  1872. 

In  witness  whereof,  I hereunto  set  my  hand  and  affix  the  seal  of  said  city  of 
Springfield,  this  20th  day  of  April,  1882. 

[OFFICIAL  SEAL.]  HARRY  C.  WATSON,  City  Clerk . 


CITY  BONDED  INDEBTEDNESS. 

An  Ordinance  to.  provide  for  funding  and  retiring  the  outstanding  bonded  in- 
debtedness of  the  city  of  Springfield.  [Passed  July  23, 1880.  Approved  July 
26,  1880. 

Be  it  ordained  by  the  City  Council  of  the  JJity  of  Springfield : 

1060.  Question  of  the  issue  of  new  bonds  to  the  amount 
of  nine  hundred  thousand  dollars,  submitted  at  special  election 
— class,  date  of  issue,  time  and  place  of  payment,  and  rate  of 
interest  of  bonds.]  § 1.  That,  in  pursuance  of  the  petition 
of  more  than  ten  legal  voters  of  said  city,  duly  presented  to 
the  city  council  therefor,  the  following  question  or  proposi- 
tion for  the  issue  of  the  bonds  of  the  city  of  Springfield,  under 
the  act  of  the  General  Assembly  of  the  State  of  Illinois,  en- 
titled “An  act  to  amend  an  act  approved  April  27,  1877,  en- 
titled ‘An  act  to  amend  an  act  entitled  an  act  relating  to  county 
and  city  debts,  and  to  provide  for  the  payment  thereof  by  tax- 
ation, in  such  counties  and  cities/  approved  February  13,  1865, 
and  to  amend  the  title  thereof,”  approved  June  4,  1879,  in  lieu 
or  place  of  all  the  outstanding  and  unpaid  bonds,  or  other  sub- 
sisting legal  evidences  of  indebtedness  of  said  city,  be  and  is 
hereby  submitted  to  the  legal  voters  thereof,  at  a special  elec- 


*The  separate  vote  by  wards  is  omitted  in  the  above  transcript  copy. 


SPECIAL  ORDINANCES  OF  CITY. 


G5() 

tion  to  be  held  at  the  time  and  in  the  manner  hereinafter  pro- 
\ided:  That  said  city  council  be  authorized  to  issue,  or  cause 

to  be  issued,  new  bonds  of  the  city  of  Springfield,  to  the  amount 
of  not  exceeding  in  the  aggregate  the  principal  of  all  the  bind- 
ing, subsisting,  legal  bonds,  or  other  legal  evidences  of  indebt- 
edness of  said  city,  outstanding  and  unpaid  at  the  time  of  such 
issue,  and  in  no  event  to  exceed  the  sum  of  nine  hundred  thou- 
sand dollars.  Said  new  bonds  to  be  of  class  first , as  provided 
in  the  act  aforesaid,  and  to  bear  date  on  the  first  daj  of  the 
month  of  September,  in  the  year  in  which  they  are  issued,  and 
to  be  payable  in  twenty  years  from  the  date  thereof,  at  the  of- 
fice of  the  State  Treasurer  of  the  State  of  Illinois,  and  to  bear 
interest  at  the  rate  of  not  exceeding  five  per  cent,  per  annum,  • 
payable  annually  at  the  office  of  the  State  Treasurer  of  the 
State  of  Illinois,  or  at  such  place  in  the  city  of  New  York  as 
said  Treasurer  shall  designate,  for  the  payment  of  the  debt  of 
the  State  of  Illinois. 

1061.  Clerk  to  give  notice  of  election — returns,  etc. — bal- 

lots.] § 2.  The  city  clerk  is  hereby  authorized  and  instructed 
to  give  due  notice,  as  prescribed  in  the  third  section  of  the  act 
aforesaid,  for  an  election  to  be  held  in  the  several  wards  of 
said  city,  at  the  usual  voting  places  therein,  on  Tuesday,  the 
24th  day  of  August,  A.  D.  1880,  upon  the  question  or  propo- 
sition hereinbefore  set  forth.  The  said  election  shall  be  opened, 
held  and  conducted,  and  the  returns  thereof  made  and  canvassed 
by  the  officers  appointed,  and  in  the  manner  provided  by  law 
and  the  ordinances  for  city  elections;  and  the  ballots  at  such 
election  shall  read  as  follows : “For  issuing  the  bonds,”  or 

“Against  issuing  the  bonds.” 

1062.  Denomination  of  bonds  to  he  issued — mayor  and 
comptroller  to  advertise  for  proposals — all  bids  to  be  reported 
to  city  council  for  acceptance  or  rejection — no  bonds  to  be 
exchanged  or  sold  at  less  than  par  value.]  § 3.  In  case  a 
majority  of  the  legal  votes  cast  at  said  election  (as  evidenced 
by  the  canvass  of  the  returns  of  the  same)  are  “for  issuing  the 
bonds,”  the  city  council  shall,  for  the  purpose  of  carrying  the 
foregoing  proposition  into  effect,  cause  to  be  prepared  coupon 
bonds  of  said  city  of  such  denominations  as  the  mayor  and 
comptroller  may  deem  advisable,  all  of  said  bonds  to  bear  in- 


CITY  BONDED  INDEBTEDNESS. 


057 


terest  at  the  rate  and  be  payable  at  the  time  or  times  and  place 
aforesaid.  But  before  any  of  said  bonds  shall  be  issued,  it 
shall  be  the  duty  of  the  mayor  and  comptroller  of  said  city  to 
publish  a circular  or  advertisement,  giving  not  less  than  thirty 
nor  more  than  sixty  days’  notice  that  proposals  will  be  received 
from  the  holders  or  other  persons  for'  the  surrender  of  the  out- 
standing bonds  of  said  city,  specifying  the  class,  date,  time  of 
maturity,  rate  of  interest  and  place  of  payment  of  the  new 
bonds,  and  the  terms  upon  which  the  old  bonds  may  be  sur- 
rendered and  exchanged,  and  all  bids  shall  be  reported  to  the 
city  council;  or,  the  mayor  and  comptroller  shall  advertise,  in 
like  manner  as  before,  for  bids  for  the  sale  of  said  new  bonds, 
or  such  portions  thereof  as  may  be  deemed  expedient,  and  apply 
the  proceeds  of  such  sales  to  the  purchase  and  retiring  of  the 
outstanding  and  unpaid  bonds,  or  other  legal  evidences  of  in- 
debtedness of  said  city,  and  for  no  other  purpose  whatever; 
and  the  city  council  hereby  reserves  the  right  to  accept  or  re- 
ject any  proposals  or  bids  which  may  be  received  for  the  bonds 
authorized  to  be  issued  under  this  ordinance  and  the  act  afore- 
said: Provided,  that  no  new  bonds  shall  be  exchanged  or  sold 

at  less  than  their  par  value — and  any  interest  that  appears  to 
have  accrued  thereon  up  to  the  time  of  such  exchange  or  sale, 
shall  be  credited  upon  the  coupons  attached  to  said  new  bonds 
— nor  shall  any  be  delivered  except  as  the  old  bonds,  or  other 
legal  evidences  of  indebtedness  of  said  city,  to  an  equal  amount, 
are  surrendered ; nor  until  such  issue  and  delivery  are  authorized 
by  a vote  of  the  majority  of  all  the  aldermen  authorized  by  law 
to  be  elected  to  the  city  coucil.  [As  amended  February  1,  1886. 

1063.  Cancellation  of  old  bonds — registration.]  § 4. 

Upon  the  surrender  of  any  outstanding  bonds  or  other  legal 
evidences  of  indebtedness  of  said  city,  the  same  shall  be  en- 
dorsed “cancelled,”  and  shall  from  time  to  time  be  destroyed, 
under  the  direction  of  the  city  council;  and  upon  the  issuing 
of  any  new  bond  of  said  city,  the  city  comptroller  shall  make 
a register  thereof,  in  a book  to  be  kept  in  his  office  for  that  pur- 
pose, showdng  the  date,  amount,  number,  class,  time  of  matur- 
ity, rate  of  interest,  and  place  of  payment  of  such  bond,  and  a 
description  of  the  bond,  or  other  evidence  of  indebtedness,  for 


658 


SPECIAL  ORDINANCES  OF  CITY. 


which,  or  the  retiring  of  which,  the  same  was  given,  as  nearly 
as  practicable. 

1064.  In  force  from  passage.]  § 5.  This  ordinance  shall 

take  effect  and  be  in  force  from  and  after  its  passage. 

Declaration  of  the  result  of  the  special  election  held  tinder  the  foregoing  ordinance. 

[Adopted  by  the  city  council  August  31,  1880.] 

Whereas,  in  pursuance  of  an  ordinance  passed  by  the  city  council  of  the 
city  of  Springfield,  on  July  23,  1880,  and  approved  by  the  mayor  on  July  26, 
1880,  entitled  “An  ordinance  to  provide  for  funding  and  retiring  the  outstanding 
bonded  indebtedness  of  the  city  of  Springfield,”  the  question  or  proposition  of 
issuing  the  bonds  of  said  city,  as  provided  and  specified  in  said  ordinance,  was 
submitted  to  the  legal  voters  of  said  city  at  a special  election  held  conformably  to 
law,  in  the  several  wards  of  said  city,  at  the  usual  places  of  voting  therein,  on  the 
24th  day  of  August,  A.  D.,  1880;  and, 

Whereas,  it  appears  that  due  notice  of  said  election  was  given  and  pub- 
lished, as  required  by  the  statute  in  such  case  made  and  provided;  and, 

Whereas,  it  further  appears  from  the  canvass  of  the  returns  of  said  election, 
that  there  was  polled  in  said  city  756  votes  ‘ ‘for  issuing  the  bonds,  ” and  493  votes 
‘ ‘against  issuing  the  bonds,  ” and  that  a majority  of  all  the  votes  cast  at  said  elec- 
tion was  for  issuing  the  bonds;  therefore,  be  it 

Resolved  and  Declared , by  the  city  council  of  the  City  of  Springfield,  that,  as  a 
result  of  said  special  election  held  as  aforesaid,  the  city  council  is  authorized  to 
issue,  or  cause  to  be  issued,  the  bonds  of  said  city,  in  conformity  with  the  speci- 
fications of  said  notice  and  ordinance,  to  the  amount  and  for  the  purpose  therein 
set  forth. 


CEMETERIES. 

An  Ordinance  making  a donation  of  a certain  plat  of  ground  in  Oak  Ridge 
Cemetery  for  the  use  of  the  National  Lincoln  Monument  Association. 
[Passed  July  31,  1865.  Approved  August  1,  1865. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Spring  field: 

1065.  Mayor  and  clerk  authorized  to  convey  a certain  tract 
of  land,  including  right  of  way,  to  Monument  Association.] 

§ 1.  That  in  consideration  of  respect  for  the  memory  of  the 
illustrious  dead,  and  in  pursuance  of  a donation  heretofore  made 
by  the  city  council  to  the  National  Lincoln  Monument  Associa- 
tion, of  the  land  hereafter  described,  the  mayor  and  city  clerk 
of  this  city  are  hereby  authorized  and  instructed  to  convey,  by 
a proper  deed  of  conveyance,  that  portion  of  land  being  a part 
of  Oak  Ridge  Cemetery,  and  containing  in  all  six  7-100  acres, 
surveyed  on  the  third  day  of  July,  1865,  by  Z.  A.  Enos,  accord- 
ing to  a plat  of  said  survey  which  is  hereby  attached,  reserv* 
ing  in  said  deed  to  the  city  of  Springfield,  for  the  use  of  Oak 


CEMETERIES. 


059 


Ridge  Cemetery,  the  Receiving  Vault  now  on  said  lot  of  ground, 
either  to  use  or  remove  the  same,  also  a right  of  way  twenty  feet 
in  width  along  the  whole  length  of  the  east  side  of  said  tract,  for 
the  use  of  Oak  Ridge  Cemetery* 

1066.  Conveyance  in  trust,  etc.,  for  monumental  purposes 
— ground  to  be  used  only  as  a burial  place  for  the  remains 
of  Abraham  Lincoln  and  his  family.]  § 2.  But  the  said  con- 
veyance shall  be  in  trust,  however,  to  possess,  use  and  control 
said  lot  of  ground  (subject  to  the  general  rules  and  regula- 
tions adopted  for  the  government  of  Oak  Ridge  Cemetery)  for 
the  purpose  of  grading,  ornamenting  and  improving  the  same 
at  pleasure,  and  in  such  manner  as  will  promote  the  principal 
trusts  interested  hereby,  which  are:  To  purchase  a suitable 

place  for  the  final  deposit  of  the  honored  remains  of  Abraham 
Lincoln,  late  president  of  the  United  States;  to  inter  said  re- 
mains in  a vault  therein ; to  erect  a monument  over  said  remains 
illustrative  of  his  virtues  and  of  his  renown;  to  preserve  said 
lot  of  ground  and  said  monument  in  proper  order  during  the  cor- 
porate existence  of  said  party  of  the  second  part,  and  at  the  ter- 
mination of  said  corporate  existence  or  the  time  to  which  by 
law  it  may  be  extended,  to  convey  said  lot  of  ground  to  the 
State  of  Illinois  to  be  held  forever  by  said  State  of  Illinois,  sub- 
ject to  the  above  trusts;  and  to  re-convey  to  the  city  of  Spring- 
field  so  much  of  said  lot  of  ground  as  may  hereafter,  in  the  opin- 
ion of  said  party  of  the  second  part,  be  unnecessary  for  the  pur- 
poses of  said  monument,  or  the  trusts  above  stated.  It  is,  how- 
ever, expressly  understood  and  stipulated,  and  the  said  deed  shall 
be  made  upon  the  express  condition  that  the  said  lot  of  ground 
finally  retained  by  the  said  party  of  the  second  part,  shall  never 
be  used  as  a burial  place  for  the  remains  of  any  other  person 
but  those  of  the  said  Abraham  Lincoln,  his  widow,  his  sons,  and 
his  sons’  immediate  family.  And  it  is  further  stipulated  and 
shall  be  made  a condition  of  said  deed,  that  the  said  party  of 
the  second  part,  its  successors  and  assigns,  shall  always  per- 
mit and  grant  to  the  above  described  persons,  to-wit,  the  said 
widow  and  sons  of  the  said  Abraham  Lincoln,  and  their  imme- 
diate families,  the  right  to  be  interred  in  the  same  vault  with 
himself. 


SPECIAL  ORDINANCES  OF  CITY. 


6G0 

An  Ordinance  in  relation  to  the  Lincoln  Monument  Association  and  Oak 
Kid*re  Cemetery.  [Passed  October  15,  1877. J 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield , 
Illinois: 

1067.  The  mayor  and  clerk  directed  to  convey  a certain 
parcel  of  land  to  the  Monument  Association.]  § 1.  That 

the  mayor  and  clerk  of  said  city  be  and  are  hereby  authorized 
and  directed,  for  a like  consideration  and  upon  the  same  trusts 
as  are  specified  and  set  forth  in  the  ordinance  of  said  city  coun- 
cil, passed  on  the  31st  day  of  July,  1865,  and  approved  Au- 
gust 1,  1865,  and  entitled  “An  ordinance  making  a donation  of 
a certain  plat  of  ground  in  Oak  Ridge  Cemetery  for  the  use 
of  the  National  Lincoln  Monument  Association,”  to  convey 
all  that  parcel  of  ground  in  said  cemetery  beginning  at  the 
southeast  corner  of  the  Miller  lot  of  ground  as  fenced,  thence 
south  to  the  first  valley  on  wet  weather  branch,  thence  up  with 
said  branch  in  a southeasterly  direction  to  the  point  on  the  ac- 
companying plat  marked  (A),  thence  due  east  to  the  main  road 
leading  into  the  cemetery  from  the  south  gate. 

1068.  Certain  other  land  to  be  included  in  the  deed.]  § 2. 

That,  as  it  is  represented  that  the  deed  made  by  the  said  city 
to  said  association,  in  pursuance  of  said  ordinance,  has  been  lost 
or  mislaid,  that  if  said  association  should  desire  it  to  be  done, 
that  said  mayor  and  clerk  be  also  authorized  and  directed  to 
include  in  the  same  deed  the  said  land  directed  to  be  conveyed 
by  the  above  mentioned  ordinance. 

1069.  Plat  of  the  ground  to  be  made,  etc.]  § 3.  That 

the  city  engineer  be  required  to  make  a perfect  plat  of  all  the 
ground  above  directed  to  be  conveyed,  both  by  this  and  the 
aforesaid  ordinance,  making  two  copies  thereof,  the  one  to  be 
filed  with  the  city  clerk  to  be  kept  among  the  records  of  said 
cemeten?',  and  the  other  to  be  delivered  with  said  deed  to  said 
association. 

An  Ordinance  to  provide  for  the  conversion  of  Hutchinson’s  Cemetery  into  a 
city  park.  [Passed  July  1.  1889.  Approved  July  3,  1889.J 

Whereas,  the  plot  or  square  of  ground  fronting  east  on 
Lewis  street  and  north  on  Washington  street  within  the  limits 
of  the  city  of  Springfield,  known  as  “Hutch  inson’s  Cemeterj^” 


CEMETERIES. 


661 


ihas  long  ceased  to  be  used  for  burial  purposes  and  is  lying  waste 
and  neglected,  incapable  of  being  disposed  of  at  pecuniary  ad- 
vantage to  the  city,  and,  whereas,  this  city  is  without  the  con- 
venience of  a public  park,  therefore 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1070.  Vacated  as  a cemetery — set  apart  for  park.]  § 1. 

That  said  described  plat  of  ground,  embracing  some  four  acres 
more  or  less,  shall  be  and  is  hereby  wholly  vacated  as  a cemetery, 
and  set  apart  as  and  for  a public  park,  and  that  the  same,  to- 
gether with  such  additions  as  may  be  hereafter  made  thereto 
from  time  to  time,  shall  constitute  and  be  known  as  the  Spring- 
field  City  Park. 

1071.  City  engineer  to  make  survey  and  plat.]  § 2. 

Immediately  upon  the  passage  and  taking  effect  of  this  ordi- 
nance, the  city  engineer  is  hereby  directed  to  make  a survey 
and  plat  of  the  grounds  of  said  cemetery,  showing  as  near  as 
may  be,  the  number  and  position  of  the  several  lots  or  parts 
of  lots  therein,  still  belonging  to  private  owners,  and  indicat- 
ing such  changes  in  the  drives  and  walks  of  the  cemetery  as 
may  be  necessary  to  convert  it  to  the  uses  of  a park,  and  he 
shall  make  report  in  writing  to  the  city  council,  at  the  next 
regular  meeting  thereof,  or  as  soon  thereafter  as  practicable. 

1072.  Condemnation  proceedings — proviso.]  § 3.  Upon 

the  making  and  filing  by  the  city  engineer  of  his  survey  and 
plat  aforesaid,  the  city  engineer  shall  forthwith  institute  and 
prosecute  legal  proceedings  in  the  proper  court  for  the  taking 
:and  condemning  of  all  lots  or  parts  of  lots  in  said  cemetery, 
the  title  to  which  has  not  beeen  relinquished  to  the  city  in 
accordance  with  the  provisions  for  such  purpose  in  article  nine, 
■of  an  act  of  the  General  Assembly  of  Illinois,  entitled,  an  act 
to  provide  for  the  incorporation  of  cities  and  villages,  in  force 
July  1,  1872:  Provided,  that  pending  such  proceedings,  the 

mayor  and  comptroller  are  hereby  authorized  to  confer  with 
the  owners  of  any  such  lots,  with  a view  to  securing  the  volun- 
tary transfer  of  their  several  titles  to  the  city. 

1073.  Estimate  of  cost.]  § 4.  The  following  named  per- 
sons, to-wit:  E.  W.  Payne,  Fred  Smith  and  Joseph  Wallace 

are  hereby  appointed  a committtee  to  make  an  estimate  of  the 


G62  SPECIAL  ORDINANCES  OF  CITY. 

cost  of  the  improvement  herein  contemplated,  including  the 
cost  of  labor,  materials  and  grading,  the  cost  of  removing  the 
dead  from  said  cemetery,  and  the  probable  value  of  the  pri- 
vate lots  necessary  to  be  taken  and  condemned,  and  said  com- 
mittee shall  report  their  estimate,  in  writing,  to  the  city  council 
at  its  next  regular  meeting,  or  as  soon  thereafter  as  practicable. 
The  said  improvement  shall  be  made  and  the  cost  thereof  paid 
for  by  general  taxation. 

1074.  Remains  to  be  taken  up  and  buried  in  Oak  Ridge 

Cemetery.]  § 5.  The  mayor  is  hereby  instructed,  after  first 
having  given  thirty  days’  public  notice,  by  publication  in  one 
or  more  daily  newspapers  of  the  city,  to  cause  the  remains  of 
all  persons  still  lying  buried  in  said  cemetery  to  be  carefully 
taken  up  and  reinterred  in  Oak  Ridge  Cemetery,  in  such  suita- 
ble grounds  as  shall  be  designated  and  set  apart  for  that  pur- 
pose by  the  board  of  Oak  Ridge  managers  with  the  approval 
of  the  mayor. 

1075.  When  to  be  force.]  § 6.  This  ordinance  shall 

take  effect  and  be  in  force  from  and  after  its  passage. 


ELECTRIC  LIGHT,  POWER  AND  HEATING  COM- 
PANIES. 

An  Ordinance  authorizing  the  construction  and  granting  the  right  of  way  to  the 
Springfield  Steam  Supply  and  Electric  Light  Company.  [Passed  March  7, 
1881.  Approved  March  10,  1881.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Spring  field: 

1076.  Exclusive  privilege  granted  company  to  use  streets 
and  alleys  for  laying  pipes  and  erecting  wires  for  heating  and 
lighting  purposes.]  § 1.  There  is  hereby  granted  to  A.  L. 
Ide,  R.  D.  Lawrence,  Samuel  H.  Jones,  Thomas  B.  Needles, 
George  N.  Black,  Samuel  D.  Scholes,  and  R.  W.  Miller,  and 
such  other  persons  as  may  hereafter  become  associated  with 
them,  to  be  known  as  the  “Springfield  Steam  Supply  and  Elec- 
tric Light  Company,”  and  their  executors,  administrators  and 
assigns,  the  exclusive  privilege,  permission  and  authority  to  use 
and  occupy  the  streets,  alleys  and  sidewalk^  of  the  city  of  Spring- 
field  for  the  purpose  of  laying  down  and  repairing  all  necessary 


ELECTRIC  LIGHTS,  TOWER  AND  HEATING.  GG3 

pipes  and  fixtures  for  conducting  steam  in  and  under  the  streets, 
alleys  and  sidewalks  of  said  city,  and  to  erect  necessary  wires 
on  poles,  or  under  ground,  along  said  streets  and  alleys,  for  the 
purpose  of  conducting  electricity  thereon:  Provided , that  all 

excavations  in  said  streets,  alleys  and  sidewalks  shall  be  made 
under  the  supervision  of  the  city  supervisor,  and  that,  wherever 
it  is  practicable,  said  pipes  and  wires  shall  be  laid  along  the 
alleys  instead  of  the  streets  or  sidewalks  of  said  city. 

1077.  Not  to  obstruct  streets,  etc.,  nor  interfere  with  water 
or  gas  pipes — to  fill  up  and  keep  in  repair  depressions,  etc.] 

§ 2.  The  said  Springfield  Steam  Supply  and  Electric  Light 
Company,  in  laying  down  or  repairing  their  pipes  or  other  fix- 
tures, shall  not  unnecessarily  obstruct  any  street,  alley  or  side- 
walk, nor  interfere  with  any  water  or  gas-pipes  or  sewers  already 
laid  or  built,  and  shall,  after  such  pipes  or  other  fixtures  have 
been  placed  in  position,  or  repaired,  immediately  restore  such 
street,  alley  or  sidewalk  in  as  good  condition  as  before  the  open- 
ing and  using  of  the  same,  and  shall,  from  time  to  time,  fill  up 
and  repair  all  depressions  or  sinks  in  any  street,  alley  or  side- 
walk, caused  by  the  settling  of  the  ground,  or  otherwise,  in  lay- 
ing such  pipes  or  other  fixtures;  and  in  case  said  company  fail 
to  do  so,  then  the  city  may  do  the  work  at  the  expense  of  the 
said  company,  which,  by  the  acceptance  of  these  conditions,  they 
agree  to  pay. 

1078.  The  company  liable  to  city  and  private  persons  for 

all  damages.  ] § 3.  The  said  company  shall  be  liable  to  the  city 

of  Springfield,  and  to  private  persons,  for  all  damages  and  in- 
jury caused  by,  or  arising  from,  the  use  or  occupancy  of  any 
street,  alley  or  sidewalk,  by  them,  in  said  city,  for  the  purposes 
aforesaid. 

1079.  To  supply  the  city  with  steam  and  electricity  at 
twenty-five  per  cent,  below  ordinary  rates.]  § 4.  The  said 
company,  in  consideration  of  the  special  rights  and  privileges 
herein  granted,  shall  supply  from  their  mains,  when  laid,  to 
the  city  of  Springfield,  at  twenty-five  per  cent,  less  than  the 
ordinary  rates,  all  the  steam  necessary  to  heat  its  public  build- 
ings; and  also,  at  a like  reduction,  all  the  electricity  from  their 
main  wires  that  may  be  necessary  to  light  the  public  buildings 
of  said  city,  during  the  continuance  of  said  grant. 


SPECIAL  ORDINANCES  OF  CITY. 


(;<;  i 


1080.  Company  to  put  their  works  into  operation  within 
two  years — forfeiture — to  notify  council  of  acceptance,  etc.] 

§ 5.  The  said  Springfield  Steam  Supply  and  Electric  Light 
Company  shall  commence  the  erection  or  establishing  of  said 
works,  and  put  the  same  into  operation  within  two  years  from 
the  passage  of  this  ordinance;  otherwise,  all  privileges  herein 
and  hereby  granted  shall  be  forfeited  to  the  city  of  Springfield: 
And  provided , further , that  said  company  shall,  before  proceed- 
ing to  act  under  this  ordinance,  and  within  thirty  days  from 
the  passage  thereof,  notify  the  city  council  of  their  acceptance 
of  the  same,  which  notice  shall  be  in  writing,  and  entered  in 
full  upon  the  journals  of  said  council. 

1081.  Ordinance  to  be  in  force  twenty  years.]  § 6.  This 

ordinance  shall  be  and  continue  in  force  for  twenty  (20)  years 
from  and  after  its  passage. 

Acceptance  by  company  of  the  foregoing  ordinance: 

Springfield,  March  14,  1881. 

To  the  Honorable  Mayor  and  City  Council  of  Springfield 

Gentlemen— We  hereby  accept  the  ordinance  authorizing  the  construction,, 
and  granting  the  right  of  way  to  the  Springfield  Steam  Supply  and  Electric  Light 
Company,  passed  March  7,  1881. 

Signed,  A.  L.  Ide, 

R.  1).  Lawrence, 

S.  H.  Jones. 

Geo.  N.  Black, 

T.  B.  Needles* 
Sam’l.  D.  Scholes, 

R.  W.  Miller. 

An  Ordinance  granting  to  R.  N.  Bayliss  and  associates  the  right  of  way  for 
Electric  Light  and  Power  and  Steam  and  Electric  Heating.  [Passed  April  3* 
1894.  Approved  April  6,  1894.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Spring-field: 

1082.  Authority  granted  to  erect  and  maintain  a system 
for  electric  light,  etc.]  § 1.  That  consent,  permission  and 
authority  is  hereby  given  to  R.  1ST.  Bayliss  and  G.  Van  Ginkel, 
hereafter  designated  as  “grantees”  and  their  associates,  suc- 
cessors and  assigns  to  lay  and  maintain  all  necessary  pipes 
and  fixtures  for  conducting  steam  under  the  streets,  alleys  and 
sidewalks  of  the  said  city,  to  erect  and  maintain  necessary  wires 
and  fixtures  on  poles  along  the  streets  and  alleys  of  the  said 


ELECTRIC  LIGHTS,  POWER  AND  HEATING. 


6G5 


city,  or  to  lay  wires  and  necessary  fixtures  under  the  streets, 
alleys  and  sidewalks  of  said  city,  for  the  purpose  of  conduct- 
ing electricity  thereon ; wdiich  said  powers  as  aforesaid  are 
conferred  on  said  grantees  to  enable  them  to  furnish  to  ad- 
jacent property  holders  along  said  streets  and  to  said  city  steam 
or  electric  heat,  and  electric  light  and  power. 

1083.  Not  to  obstruct  streets.]  § 2.  The  said  grantees  in 
the  construction  and  maintenance  and  repairs  of  said  works 
over  and  under  said  streets,  alleys  and  sidewalks  shall  not  ob- 
struct the  same  further  than  is  necessary  to  the  exercise  of 
the  rights  herein  granted,  nor  shall  they  interfere  with  the 
gas,  water,  steam  pipes  and  sewers  in  or  under  said  streets,  al- 
leys and  sidewalks  previously  laid  and  constructed,  and  said 
grantees  shall  immediately  after  constructing  said  works  or 
any  of  them,  or  repairing  the  same,  restore  said  streets  and 
alleys  and  sidewalks  to  as  good  and  safe  condition  as  they  were 
before  said  construction  or  repairs  were  made, ’at  their  own 
cost,  and  they  shall  also  fill  up  and  repair  all  depressions  in 
said  streets,  alleys  and  sidewalks  caused  by  the  construction 
or  repairs  of  said  works,  and  in  case  said  grantees  fail  to  do 
so  within  twenty-four  hours  after  having  been  notified  by  the 
superitendent  of  streets  of  said  city,  in  writing,  then  the  city 
may  do  the  work  at  the  expense  of  said  grantees,  and  in  con- 
sideration of  the  grant  of  the  power  herein  conferred  on  said 
grantees  by  said  city,  said  grantees  agree  to  pay  for  the  same. 

1084.  Excavations  in  streets  to  be  made  under  supervision 
of  city  engineer.]  § 3.  All  excavations  in  said  streets  or  alleys 
in  the  construction  or  repair  of  the  aforesaid  works  shall  be 
made  under  the  supervision  of  the  city  engineer  or  superinten- 
dent of  streets,  and  when  it  is  practicable  said  wires  and  pipes 
shall  be  laid  along  the  alleys  rather  than  the  streets  and  side- 
walks. 

1085.  To  supply  city  at  twenty-five  per  cent,  less  than 
ordinary  rates.]  § 4.  Said  grantees  in  consideration  of  the 
rights,  powers  and  privileges  herein  granted  by  the  city  shall 
supply  the  city  when  the  same  can  be  done,  through  said  works 
as  constructed  and  when  the  city  requests  all  the  steam  heat 
and  all  the  electric  light  and  power  necessary  for  its  build- 


SPECIAL  ORDINANCES  OF  CITY. 


COG 


ings  during  the  continuance  of  this  grant  of  power  at  twenty- 
five  per  cent,  less  than  the  rate  ordinarily  charged  to  other  in- 
terests. 

1086.  To  put  works  in  operation  within  ninety  days — for- 
feiture— to  notify  council  of  acceptance.]  § 5.  The  said 

grantees  shall  commence  construction  in  ninety  days  and  put 
said  works  in  operation  within  one  year  after  the  passage  of 
this  ordinance,  otherwise  all  privileges  herein  granted  shall 
he  forfeited.  And  provided  further  that  said  grantees  shall 
within  thirty  days  from  the  passage  of  this  ordinance  notify  the 
city  council  of  their  acceptance  of  the  same  in  writing,  which 
notice  shall  be  entered  in  full  upon  the  journal  of  the  said  coun- 
cil. 

1087.  Liability  for  damages.]  § 6.  The  said  grantees 
shall  be  liable  to  the  city  of  Springfield  and  to  private  per- 
sons for  all  damages  and  injury  caused  by  or  arising  from 
the  use  or  occupancy  of  any  street,  alley  or  sidewalk  by  them  in 
said  city  for  the  purpose  aforesaid. 

1088.  Subject  to  ordinances.]  § 7.  The  above  permission 

is  given  subject  to  the  ordinances  of  the  city  of  Springfield  in 
relation  to  steam  heat  and  electricity  and  any  ordinance  said 
city  may  pass  in  relation  to  the  same. 

1089.  Rates  fixed.]  § 8.  It  is  hereby  agreed  that  the  rate 

of  2000  candle  power  arc  lights  and  16  power  incandescent 
lights  shall  not  exceed  the  following  prices:  Arc  lights  burn- 

ing not  later  than  midnight  on  moonlight  schedule,  eighty- 
four  dollars  per  annum.  Arc  lights  burning  all  night  on 
Philadelphia  moonlight  schedule,  ninety-six  dollars  per  an- 
num: Provided,  said  rates  may  be  increased  not  exceeding 

five  per  cent,  for  lights  installed  more  than  four  blocks  dis- 
tant from  the  court  house  square.  Incandescent  lights  not  ex- 
ceeding one  cent  per  hour  meter  measurement  or  seventy-five 
cents  per  lamp  per  month  without  meter  measurement:  Pro- 

vided, these  rates  shall  only  apply  in  those  cases  where  the  total 
bill  for  such  lights  to  one  consumer  amounts  to  two  and  one- 
half  dollars  per  month. 


ELECTRIC  LIGHTS,  TOWER  AND  HEATING. 


667 


1090.  In  force  twenty  years.]  § 9.  This  ordinance  and 
the  rights  hereby  conferred  shall  continue  in  force  for  twenty 
years  from  and  after  its  passage. 

Acceptance. 

Springfield,  111.,  May  2d,  1893. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield : 

Gentlemen— We  hereby  accept  the  terms  of  the  ^ordinance  passed  by  the 
honorable  council  of  the  city  of  Springfield,  111.,  April  3,  1893,  granting  to  us 
and  our  associates  and  assigns  the  right  to  construct  and  operate  electric  light  and 
steam  and  electric  power  and  heating  plants  in  said  city  subject  to  the  conditions 
presented  in  said  ordinance. 

Very  respectfully, 

G.  Van  Ginkel, 

R.  N.  Bayliss. 

Filed  May  2d,  1893. 

An  Ordinance  granting  the  right  of  way  to  the  Merchants’  Light  and  Power 
Company.  [Passed  April  3,  1894.  Approved  April  6,  1894.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1091.  Authority  granted  to  erect  and  maintain  system.] 

§ 1.  That  the  Merchant’s  Light  and  Power  Company  of 
Springfield,  Illinois,  is  hereby  authorized  and  empowered,  and 
permission  is  hereby  given  to  said  company  to  lay  down  all 
necessary  pipes  and  fixtures  for  conducting  steam  in  and  under 
the  surface  of  the  streets,  alleys  and  sidewalks  of  said  city,  and 
said  company  is  hereby  further  authorized  and  empowered  to 
erect  necessary  wires  on  poles  and  necessary  fixtures  along  the 
streets,  alleys  and  sidewalks  of  said  city,  or  to  lay  the  necessary 
wires  and  fixtures  under  the  surface  of  the  streets  and  alleys  of 
said  city,  for  the  purpose  of  conducting  electricity  thereon, 
which  said  poivers  as  aforesaid  are  hereby  conferred  on  said 
company,  to  enable  said  company  to  furnish  to  adjacent  property 
holders  along  said  streets  and  alleys  and  to  said  city,  steam  or 
electric  heat  and  power. 

1092.  To  repair  streets — not  to  obstruct.]  § 2.  The  said 
company  in  the  construction  of  said  works  in  said  streets,  alleys 
and  sidewalks  aforesaid,  or  in  the  repair  of  the  same  shall  not 
obstruct  the  same  any  more  than  necessary  to  enable  the  said 
company  to  construct  and  repair  said  works,  nor  shall  the  com- 
pany in  the  construction  of  said  works  aforesaid  interfere  with 
any  water,  gas,  steam  jhpes  or  sewers  in  said  streets,  alleys  or 


sidewalks  before  laid  and  constructed,  and  said  company  shall 
immediately  after  constructing  said  works  or  repairing  the 
same,  restore  the  streets,  alleys  and  sidewalks  in  as  good  and 
safe  condition  as  they  were  before  said  construction  or  repairs 
were  made,  at  the  cost  of  said  company,  and  said  company  shall 
till  up  and  repair  all  depressions  in  said  streets,  alleys  and  side- 
walks caused  by  the  construction  or  repairs  of  said  works,  and 
in  case  said  company  fails  to  do  so  within  twenty-four  hours 
after  having  been  notified  by  the  superintendent  of  streets  of 
said  city  in  writing,  then  the  city  may  do  the  work  at  the  ex- 
pense of  said  company,  and  in  consideration  of  the  grant  of  the 
powers  herein  granted  and  conferred  on  said  company,  by  said 
cit}',  said  company  agrees  to  pay  for  the  same. 

1093.  Excavations  to  be  made  under  supervision  of  city 
engineer.]  § 3.  All  excavations  in  said  streets  or  alleys  in 
the  construction  or  repairs  of  the  aforesaid  works  shall  be  made 
under  the  supervision  of  the  city  engineer  or  superintendent 
of  streets  and  when  it  is  practicable  said  pipes  and  wires  shall 
be  laid  along  the  alleys,  rather  than  the  streets  and  sidewalks. 

1094.  To  supply  city  at  twenty-five  per  cent,  below  ordi- 
nary rates.]  § 4.  The  said  company  in  consideration  of  the 
rights,  powers  and  privileges  herein  granted  by  the  city,  shall 
supply  said  city  when  said  company  can  through  the  construc- 
tion of  said  workSj  and  when  the  city  requests,  all  the  steam 
heat  and  all  the  electric  light  and  electric  power  necessary  for 
its  buildings  during  the  continuance  of  this  grant  of  power,  at 
twenty-five  per  cent,  less  than  the  rates  ordinarily  charged  to 
other  interests,  and  for  the  above  named  and  specified  privileges 
we  hereby  agree  to  pay  into  the  treasury  of,  the  city  of  Spring- 
field  five  per  cent,  of  the  gross  earnings  under  this  grant. 

1095.  To  commence  operation  within  one  year.]  § 5.  The 

said  company  shall  commence  the  construction  of  said  works 
within  ninety  days  and  put  the  same  in  operation  within  one 
year  after  the  passage  of  this  ordinance,  otherwise  all  privileges 
herein  granted  shall  be  forfeited:  And  provided , further , that 

the  said  company  shall  within  thirty  days  after  the  passage  of 
this  ordinance,  notify  the  city  council  of  its  acceptance  of  the 
same  in  writing,  which  notice  shall  be  entered  in  full  upon 
the  journal  of  the  said  council. 


ELECTRIC  LIGHTS,  POWER  AND  HEATING. 


GG9 


1096.  Liable  for  damages.]  § G.  The  said  company  shall 
be  liable  to  the  city  of  Springfield  and  to  private  persons  for  all 
damage  and  injury  caused  by  or  arising  from  the  use  or  oc- 
cupancy of  any  street,  alley  or  sidewalk  by  them  in  said  city 
for  the  purposes  aforesaid. 

1097.  Permission  subject  to  ordinances.]  § 7.  The  above 
permission  is  given  subject  to  the  ordinance  of  the  city  of 
Springfield  in  relation  to  steam  heat  and  electricity,  and  any 
ordinance  said  city  may  pass  in  relation  to  the  same. 

1098.  Rate  fixed.]  § 8.  It  is  hereby  agreed  that  the  rate 
for  two  thousand  candle  power  arc  lights  shall  not  exceed  one 
hundred  dollars  per  annum  as  per  Philadelphia  schedule. 

1099.  In  force  twenty  years.]  § 9.  This  ordinance  shall 
be  and  continue  in  force  for  twenty  years  from  and  after  its 
passage. 

Acceptance. 

Springfield,  111.,  April  22,  1894. 

Frank  E.  Williams,  City  Clerk, 

Springfield,  111.: 

We  hereby  accept  the  ordinance  passed  by  the  council,  April  3,  1893,  giving 
this  company  the  right  to  construct  and  operate  a plant  for  light,  power,  heat  and 
as  specified  in  the  ordinance. 

Merchants’  Light  and  Power  Co., 

Per  W.  B.  Baker. 

Filed  May  22,  1893. 

An  Ordinance  granting  the  right  of  way  to  the  People’s  Electric  Light,  Power 

and  Heating  Company.  [Passed  April  3,  1893.  Approved  April  5,  1893.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1100.  Authority  granted.]  § 1.  That  the  People’s  Elec- 
tric Light,  Power  and  Heating  Company  of  Springfield,  Illinois, 
is  hereby  authorized  and  empowered,  and  permission  is  hereby 
given  to  said  company  to  lay  down  all  necessary  pipes  and  fix- 
tures for  conducting  steam  in  and  under  the  surface  of  the 
streets,  alleys  and  sidewalks  of  said  city,  and  said  company  is 
hereby  further  authorized  and  empowered  to  erect  necessary 
wires  and  poles  and  the  necessary  fixtures  along  the  streets 
and  alleys  of  said  city,  or  to  lay  wires  or  necessary  wires  and 
fixtures  under  the  surface  of  the  streets  and  alleys  of  said  city 
for  the  purpose  of  conducting  electricity  thereon  which  said 


SPECIAL  ORDINANCES  OF  CITY 


670 

powers  as  aforesaid  are  hereby  conferred  on  said  company  to 
enable  said  company  to  furnish  to  adjacent  property  holders 
along  said  streets  and  alleys  and  to  said  city,  steam  or  electric 
heat,  electric  light  and  electric  power. 

1101.  Not  to  obstruct  streets,  and  to  restore  same  to  good 
condition.]  § 2.  The  said  company  in  the  construction  of  said 
works  in  said  streets,  alleys  and  sidewalks  as  aforesaid,  or  the 
repair  of  the  same,  shall  not  obstruct  the  same  any  more  than 
necessary  to  enable  the  said  compapy  to  construct  said  works,  nor 
shall  the  company  in  the  contruction  and  repair  of  said  works 
as  aforesaid,  interfere  with  any  water,  gas,  steam  pipes  or 
sewers,  in  said  streets,  alleys  or  sidewalks  before  laid  and  con- 
structed, and  the  said  company  shall  immediately  after  the  con- 
struction of  said  works  or  repairing  of  the  same,  restore  said 
streets,  alleys  and  sidewalks  in  as  good  condition  as  they  were 
before  said  construction  or  repairs  were  made,  at  the  cost  of 
said  company,  and  said  company  shall  fill  up  and  repair  all 
depressions  and  sinks  in  said  streets,  alleys  and  sidewalks 
caused  by  the  construction  or  repair  of  said  works,  and  in  case 
said  company  fails  to  do  so  within  twenty-four  hours  after  hav- 
ing been  notified  by  the  superintendent  of  streets  of  said  city 
in  writing,  then  the  city  may  do  the  work  at  the  expense  of  said 
company  and  in  consideration  of  the  grant  of  powers  herein 
conferred  on  said  company  by  said  city,  said  company  agrees 
to  pay  for  the  same. 

1102.  Excavations  to  be  made  under  supervision  of  street 
and  alley  committee.]  § 3.  All  excavations  in  said  streets  and 
alleys  in  the  construction  or  repair  of  said  works  aforesaid  shall 
be  made  under  the  supervision  of  the  street  and  alley  com- 
mittee, and  when  it  is  practicable/  said  pipes  and  wires  shall  be 
laid  along  the  alleys  rather  than  in  the  streets  and  sidewalks. 

1103.  To  supply  city  at  twenty-five  per  cent,  below  ordi- 
nary rate.]  § 4.  The  company,  in  consideration  of  the  rights, 
powers  and  privileges  herein  granted  by  the  city  shall  supply 
said  city  when  said  company  can  through  the  construction  of 
said  works,  and  when  said  city  requests,  all  the  steam  heat  and 
electric  light  and  electric  power  necessary  for  its  buildings, 
during  the  continuance  of  this  grant  of  powers,  at  twenty-five 
per  cent,  less  than  the  rates  ordinarily  charged  other  interests. 


ELECTRIC  LIGHTS,  TOWER  AND  HEATING.  671 

1104.  To  be  in  operation  within  one  year.]  § 5.  The 

company  shall  commence  the  construction  of  said  works  within 
ninety  days  and  put  the  same  in  operation  within  one  year 
after  the  passage  of  this  ordinance  otherwise  all  privileges 
herein  and  powers  hereby  granted  shall  be  forfeited.  And 
provided  further  that  said  company  shall  within  thirty  days 
after  the  passage  of  this  ordinance  notify  the  city  council 
of  its  acceptance  in  writing,  which  notice  shall  be  entered  in 
full  upon  the  journal  of  said  council. 

1105.  Liable  for  damages.]  § 6.  The  said  company  shall 
be  liable  to  the  city  of  Springfield  and  to  private  persons  for 
all  damage  or  injury  caused  by  or  arising  from  the  use  or 
occupancy  of  any  street,  alley  or  sidewalk,  by  them  in  said 
city,  for  the  purposes  aforesaid. 

1106.  Permission  subject  to  ordinances.]  § 7.  The  above 
permission  is  given  subject  to  the  ordinances  of  Springfield 
in  relation  to  steam  heat  and  electricity,  and  to  any  ordinance 
the  city  may  pass  in  relation  to  the  same. 

1107.  Rate  of  charges  fixed.]  § 8.  It  is  hereby  agreed 
that  the  rate  for  two  thousand  candle  power  arc  lights  shall  not 
be  more  than  one  hundred  dollars  per  year. 

1108.  In  force  for  twenty  years.]  § 9.  This  ordinance 
shall  be  and  continue  in  force  for  twenty  years  from  and  after 
its  passage. 

Acceptance.. 

Springfield,  111.,  May  5th,  1893. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield,  111.: 

Gentlemen— The  Peoples’  Electric  Light,  Power  and  Heating  Company 
hereby  accept  the  ordinance  granting  to  the  Peoples’  Electric  Power  and  Heating 
Company  permission  to  erect  poles,  wire,  etc.,  as  in  this  ordinance,  passed  and 
signed  by  the  Mayor  April  5th,  1893. 

Peoples’  Electric  Light,  Power  and  Heating  Co., 

By  J.  H.  Schuck,  President. 


Filed  May  5th,  1893. 


G72 


SPECIAL  ORDINANCES  OF  CITY. 


An  Ordinance  granting  to  the  Capital  Electric  Company  the  right  to  erect 
and  maintain  poles,  wires  and  other  electrical  appliances,  in  the  streets,  alleys 
and  other  public  highways  of  the  city  of  Springfield,  Illinois,  for  the  purpose 
of  furnishing  electric  light,  power  and  heat  to  said  city  and  the  inhabitants 
thereof,  presenting  the  conditions  upon  which  such  right  shall  be  enjoyed,  and 
regulating  the  prices  of  electric  light  to  be  supplied  to  the  city  and  the  terms 
upon  which  said  company  shall  cede  to  the  city  the  title  and  possession  of  said 
electric  light  plant.  [Passed  October  30,  1894.  Approved  October  30,  1894.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1109.  Authority  granted  for  twenty  years.]  § 1.  That 

the  Capital  Electric  Company  are  hereby  granted  the  right 
and  privilege  for  the  period  of  twenty  years  next  after  the  pas- 
sage and  adoption  of  this  ordinance,  to  erect  and  maintain  in 
the  streets,  alleys  and  other  public  highways  within  the  cor- 
porate limits  of  the  said  city,  such  poles,  masts,  wires,  cables 
and  other  structures  and  appliances  as  may  be  necessary  for  the 
purpose  of  erecting,  maintaining  and  operating  an  electric 
light  and  power  and  heat  plant  in  said  city  in  order  to  supply 
the  city  and  its  inhabitants  with  electric  light,  power  and  heat, 
subject,  however,  to  the  conditions  and  limitations  hereinafter 
expressed. 

1110.  Poles,  wires,  etc.,  to  be  erected  and  located  under 
direction  of  city  engineer.]  § 2.  All  poles,  wires,  masts,  cables 
and  contrivances  provided  for  in  this  ordinance  shall  be  located 
and  erected  under  the  direction  of  the  city  engineer  in  con- 
junction with  the  electric  light  committee,  and  subject  to  their 
approval,  and  in  case  said  company  and  said  engineer  and  said 
committee  shall  fail  to  agree  as  to  said  matter,  said  disagree- 
ment shall  be  reported  to  the  council,  whose  decision  shall  be 
final  and  conclusive  in  the  premises. 

1111.  Obstructing  or  interfering — poles  and  wires  to  be 
altered  and  removed.]  § 3.  Whenever  any  such  wires,  poles, 
masts,  cables  or  other  electrical  appliances  shall  obstruct,  in- 
terfere with,  or  be  in  the  way  of  any  public  improvement,  the 
same  shall  be  changed,  altered  or  removed  at  the  expense  of 
said  company. 

1112.  Lines  to  be  extended  on  request  of  city.]  § 4.  Said 
company  shall,  whenever  so  requited  by  an  ordinance  or  order 
of  the  city  council,  extend  its  poles  and  lines  construction  into 
any  of  said  streets,  alleys  or  other  public  highways  of  said 


ELECTRIC  LIGHTS,  POWER  AND  HEATING.  673 

city  wherein  the  same  shall  not  have  already  been  constructed, 
and  furnish  lights  to  applicants:  Provided \ that  no  such  ex- 
tension shall  be  required  unless  there  shall  be  applicants  for 
at  least  one  hundred  incandescent  lights  of  sixteen  candle 
power  for  each  mile  of  construction,  and  in  same  proportion  for 
a less  distance. 

1113.  Trees  may  be  trimmed  under  supervision.]  § 5. 

That  whenever  necessary  trees  may  be  trimmed  by  direction 
and  supervision  of  the  superintendent  of  streets,  or  such  other 
officer  as  the  city  may  designate  for  that  purpose,  said  city 
shall  have  the  right  to  use  all  poles  and  masts  for  its  fire  alarm 
system  or  for  any  police  or  electric  alarm  it  may  hereafter  adopt. 

1114.  Safe  guards  to  be  taken  to  prevent  injury  and  annoy- 
ance.] § 6.  In  the  operation  of  said  electric  light  plant  with- 
in the  city,  said  company  shall  take  reasonable  and  proper  safe- 
guards, and  proper  precautions  to  prevent  injury  or  annoyance 
to  persons,  or  becoming  dangerous  to  property. 

1115.  Conflicting  ordinances  repealed.]  § 7.  All  ordi- 
nances or  parts  of  ordinances  in  conflict  with  the  provisions 
hereof,  are  hereby  repealed. 

1116.  In  force  after  passage.]  § 8.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Acceptance. 

Springfield,  111.,  Dec.  14th,  1894. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield: 

Gentlemen— The  ordinance  passed  by  your  body  on  Oct.  30,  1894,  granting  a 
franchise  to  the  Capital  Electric  Co.  to  erect,  maintain  and  operate  an  electric 
light,  power  and  heat  plant  in  this  city  has  been  duly  accepted  by  said  company, 
and  its  officers  directed  to  communicate  the  same  to  your  body. 

A copy  of  the  proposal  made  to  the  City  Council,  Oct.  30,  1894,  duly  executed 
by  the  proper  officers,  is  also  herewith  transmitted,  the  same  to  be  placed  on  file 
in  your  office. 

The  Capital  Electric  Company, 

By  Frank  W.  Tracy,  President, 

By  Edwin  A.  Wilson,  Secretary. 

An  Ordinance  extending  the  franchise  of  the  Springfield  Electric  Light  and 
Power  Company.  [Passed  July  16,  1901.  Approved  July  17,  1901. 

Be  it  ordained  ly  the  City  Council  of  the  City  of  Springfield: 

1117.  Extension  granted.]  § 1.  There  is  hereby  granted 
to  the  Springfield  Electric  Light  and  Power  Company  and  as- 


SPECIAL  ORDINANCES  OF  CITY. 


674 


signs,  an  extension  of  their  permission  and  authority,  but  not 
the  exclusive  permission  or  authority  to  use  ‘and  occupy  the 
streets,  alleys  and  sidewalks  of  the  city  of  Springfield,  for 
the  purpose  of  laying  down,  renewing,  replacing  and  repairing 
all  necessary  pipes  and  fixtures  for  conducting  steam  in  and 
under  the  streets,  alleys  and  sidewalks  of  said  city,  and  to 
erect  and  maintain  necessary  wires  on  poles  or  underground, 
along  said  streets  and  alleys  for  the  purpose  of  conducting 
electricity  thereon : Provided,  that  all  excavations  in  said 

streets,  alleys  and  sidewalks  shall  be  made  under  the  super- 
vision of  the  city  supervisor  and  city  engineer,  and  that  wher- 
ever it  is  practicable,  said  pipes  and  wires  shall  be  laid  along 
the  alleys  instead  of  the  streets  or  sidewalks  of  said  city. 

1118.  Not  to  obstruct  streets — to  restore  same  in  good  con- 
dition.] § 2.  The  said  Springfield  Electric  Light  & Power 
Company,  in  laying  down  or  reparing  their  pipes  or  other  fix- 
tures, shall  not  unnecessarily  obstruct  any  street,  alley  or 
sidewalk,  nor  interfere  with  any  water  or  gas  pipes  or  sewers 
already  laid  or  built  and  shall,  after  such  pipes  or  other  fix- 
tures have  been  placed  in  position  or  repaired  immediately 
restore  such  street,  alley  or  sidewalk  in  as  good  condition  as 
it  was  before  the  opening  and  using  of  the  same,  and  shall 
from  time  to  time  fill  up  and  repair  all  depressions  or  sinks 
in  any  street,  alley  or  sidewalk  caused  by  the  settling  of  the 
ground  or  otherwise,  in  laying  such  pipes  or  other  fixtures,  and 
in  case  said  company  fail  to  do  so,  then  the  city  may  do  the 
work  at  the  expense  of  the  said  company,  which,  by  the  accept- 
ance of  these  conditions,  they  agree  to  pay. 

1119.  Shall  be  liable  for  damages.]  § 3.  The  said  com- 
pany shall  be  liable  to  the  city  of  Springfield  and  to  private  per- 
sons for  all  damages  and  injury  caused  by  or  arising  from  the 
use  or  occupancy  of  any  street,  alley  or  sidewalk  by  them,  in 
said  city,  for  the  purpose  aforesaid. 

1120.  To  supply  city  at  less  than  ordinary  rates — accept- 
ance— bond.]  § 4.  The  said  company,  in  consideration  of 
the  special  rights  and  privileges  herein  granted,  shall  supply, 
from  their  mains  when  laid,  to  the  city  of  Springfield,  at 
twenty-five  per  cent,  less  than  the  ordinary  rates,  all  the  steam 


ELECTRIC  LIGHTS,  POWER  AND  HEATING. 


675 


necessary  to  heat  its  public  buildings ; and  also  when  required, 
at  a like  reduction,  all  the  electricity  from  their  main  wires, 
that  may  be  necessary  to  light  the  public  buildings  of  the  said 
city  during  the  continuance  of  said  grant. 

1121.  To  continue  in  force  for  twenty  years.]  § 5.  This 

ordinance  shall  be  and  continue  to  be  in  force  for  twenty  years 
from  and  after  March  10th,  1901 : Provided , however,  that 

said  company  shall,  within  thirty  days  of  the  date  of  its  pas- 
sage, notify  the  city  council,  in  writing,  of  its  acceptance  of 
the  same;  which  notification  shall  be  entered  in  full  upon  the 
journals  of  said  council;  and  that  the  said  company  shall  give 
a good  and  sufficient  bond  in  the  sum  of  ten  thousand  dollars 
for  the  faithful  performance  of  the  provisions  of  this  ordinance. 

Acceptance. 

Springfield,  111.,  July  17th,  1900. 

To  the  Mayor  and  City  Council  of  the  City  of  Springfield: 

Gentlemen— The  undersigned,  President  and  Secretary  of  the  Springfield 
Electric  Light  and  Power  Company,  have  been  instructed  by  the  Board  of  Direct- 
ors to  notify  you  of  the  acceptance  by  said  Company  of  an  ordinance  entitled 
4 ‘An  Ordinance  extending  franchise  of  the  Springfield  Electric  Light  and  Power 
Company,”  passed  by  the  City  Council  July  16th,  1900,  and  approved  by  the 
Mayor  July  17th,  1900. 

Springfield  Electric  Light  and  Power  Co., 

By  Charles  E.  Hay  (President). 

Attest:  By  George  N.  Black,  Secretary. 

AN  Ordinance  granting  certain  privileges  to  the  Springfield  Hot  Water  Heat- 
ing Company  of  Springfield,  Illinois,  and  providing  for  the  exercise  of  the 
same.  [Passed  August  5,  1901.  Approved  August  7,  1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1122.  Empowered  to  lay  pipes  in  streets  and  alleys;  to  erect 
poles  and  stretch  wires  for  twenty  years.]  § 1.  That  the 
Springfield  Hot  Water  Heating  Company  of  Springfield,  Illi- 
nois, be  and  are  hereby  authorized  and  empowered  to  lay,  main- 
tain and  use  pipes  in  and  across  the  streets,  alleys  and  public 
grounds  in  said  city  for  the  purpose  of  conveying  hot  water 
and  steam  for  heating  residence  and  other  buildings,  public 
and  private,  and  for  the  purpose  of  transmitting  electricity 
for  lighting,  power  and  other  purposes  by  means  of  under- 
ground conduits  in  and  across  the  said  streets,  alleys  and  pub- 
lic grounds,  and  to  erect  poles  and  stretch  wires  in  and  across 


G7G  / SPECIAL  ORDINANCES  OP  CITY. 

said  streets,  alleys  and  public  grounds,  for  such  purposes  for 
the  period  of  twenty  years  (20)  and  to  keep  the  same  in  proper 
repair. 

1123.  To  have  plant  in  operation  within  twelve  months.] 

§ 2.  That  the  said  Springfield  Hot  Water  Heating  Company, 
their  successors  and  assigns,  shall  have  the  said  heating  plant 
in  operation  on  or  before  the  expiration  of  twelve  (12)  months 
from  the  passage  of  this  ordinance  and  upon  their  failure  to 
do  so,  or  upon  their  ceasing  thereafter  to  operate  said  plant 
for  a period  of  one  year,  the  said  rights  herein  granted  to  operate 
such  heating  plant  may  be  forfeited  at  the  option  of  the  city 
council. 

1124.  City  engineer  to  grant  permit  to  open  streets.]  § 3. 

That  when  any  street  or  alley  is  to  be  opened  or  obstructed,  the 
city  engineer  shall  be  notified,  who  shall  grant  a permit  there- 
for on  the  conditions  usually  made  for  opening  the  streets 
for  water  or  gas  pipe  laying. 

1125.  Excavations  not  to  interfere  with  pipes  already  laid 
— street  not  to  be  obstructed,  and  to  be  restored  to  good  condi- 
tion.] § 4.  That  the  excavations  for  laying  pipe  for  the  pur- 
poses above  mentioned  shall  be  made  in  such  manner  as  will 
not  interfere  with  any  sewer,  water,  gas,  or  other  pipes  now  laid 
or  that  may  be  hereafter  laid  in  said  streets,  and  the  work 
thereon  shall  be  so  conducted  as  to  avoid  as  far  as  possible  the 
obstructing  of  any  street  or  alley,  and  the  same  shall  be 
promptly  repaired  and  restored  to  as  good  condition  as  before 
such  excavation  with  material  of  the  same  kind.  All  settling 
of  any  street  or  alley  caused  by  such  excavation,  whenever  it 
occurs,  shall  be  repaired  by  said  company;  if  not  repaired 
within  a reasonable  time  after  notice  from  the  superintendent 
of  streets,  the  said  superintendent  shall  cause  the  same  to  be 
repaired,  and  shall  charge  the  expense  thereof  against  the  said 
Springfield  Hot  Water  Heating  Company. 

1126.  To  file  acceptance  within  thirty  days.]  § 5.  That 

the  said  Springfield  Hot  Water  Heating  Company  shall  within 
thirty  days  from  the  date  of  the  passage  and  approval  of  this 
ordinance  file  with  the  city  clerk  their  written  acceptance  of 
the  same  and  said  ordinance  shall,  with  such  written  accept- 


FERTILIZING  PLANT. 


677 


ance,  constitute  and  be  the  contract  between  the  said  city  of 
Springfield  and  the  said  Springfield  Hot  Water  Heating  Com- 
pany, its  successors  and  assigns. 

1127.  When  in  force.]  § 6.  That  this  ordinance  shall  be 
in  force  from  and  after  its  passage  according  to  law. 

Acceptance. 

Springfield,  111.,  August  8th,  1901. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield,  111.: 

Gentlemen— The  ordinance  passed  by  your  honorable  body  August  5th,  1901, 
and  approved  August  7th,  1901,  granting  to  the  Springfield  Hot  Water  Heating 
Company  a franchise,  has  been  duly  accepted  by  said  Company,  and  its  officers 
directed  to  communicate  the  acceptance  to  your  honorable  body. 

The  Springfield  Hot  Water  Heating  Company, 

By  Rudolph  W.  Haas,  President. 

By  Burke  Vancil,  Secretary. 


FERTILIZING  PLANT. 

An  Ordinance  granting  the  firm  of  Goss  & Company  the  right  to  erect  a plant 
upon  the  grounds  situated  west  of  the  city,  and  known  as  the  Springfield  - 
dumping  grounds,  and  operated  by  the  city  of  Springfield.  [Passed  July  3, 
1899.  Approved  July  3,  1899. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield, 
Illinois : 

1128.  Authority  granted  to  erect  and  operate  for  ten  years.] 

§ 1.  That  there  is  hereby  granted  to  the  firm  of  Goss  & Com- 
pany the  right  to  erect  and  operate  upon  the  Springfield 
dumping  grounds  a first  class  fertilizing  plant  for  the  purpose 
of  disposing  of  all  dead  animals  found  wthin  the  limits  of  the 
city  of  Springfield  or  elsewhere,  for  a period  of  ten  (10)  years 
from  the  date  of  the  passage  and  approval  of  this  ordinance. 

1129.  To  make  contract  to  remove  all  dead  animals.]  § 2. 

That  upon  the  acceptance  of  this  ordinance  by  Goss  & Com- 
pany they,  the  said  Goss  & Company,  shall  enter  into  a con- 
tract with  the  city  of  Springfield,  to  remove  all  dead  animals 
found  within  the  limits  of  the  city  of  Springfield  within  one- 
half  hour  after  the  receipt  of  the  notice  of  such  animal  or  ani- 
mals being  dead. 

1130.  Terms  of  contract.]  § 3.  That  the  said  contract 
with  Goss  & Company  shall  be  in  form  the  same  contract  made 


G78 


SPECIAL  ORDINANCES  OF  CITY. 


heretofore  with  the  said  scavengers,  with  the  exception  that 
the  contract  shall  contain  a clause  requiring  that  a telephone 
be  placed  in  the  plant  free  of  charge  to  the  city;  also  that  a 
man  shall  be  stationed  at  the  plant  who  will  take  full  charge 
of  the  city  dumping  grounds  and  keep  them  in  good  condition 
at  their  expense,  and  that  all  animals  taken  from  the  city  of 
Springfield  shall  be  transported  free  of  charge,  and  in  a cov- 
ered wagon,  concealing  from  view  everything  transported. 

1131.  When  in  force.]  § 4.  This  ordinance  shall  be  in 

force  from  and  after  its  passage  and  approval. 


GAS  LIGHT  COMPANIES. 

An  Ordinance  in  relation  to  a supply  of  gas  for  illuminating  and  heating  pur- 
poses for  the  city  of  Springfield,  and  the  inhabitants  thereof.  [Passed  Feb- 
ruary 4,  1884.  Approved  February  6,  1884.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield^ 

1132.  Contract  extended  for  ten  years.]  § 1.  That  the 

contract  heretofore  existing  between  the  city  of  Springfield 
and  The  Springfield  Gas  Light  Company,  made  on  the  18th  day 
of  April,  1854,  (a  printed  copy  whereof  is  found  at  pages  156 
and  157  of  the  Bevised  Ordinances  of  the  City  of  Springfield, 
1877),  and  all  the  rights  and  privileges  heretofore  granted 
and  enjoyed  by  the  said  The  Springfield  Gas  Light  Company, 
under  the  said  contract  and  the  act  of  incorporation  of  the 
said  The  Springfield  Gas  Light  Company,  and  chapter  sixteen 
of  the  Bevised  Ordinances  of  the  City  of  Springfield,  1877,  be, 
and  the  same  are  hereby  extended  for  the  period  of  ten  (10) 
years  from  the  first  day  of  February,  A.  D.  1884.  And  the 
like  right  to  manufacture  and  supply  gas  for  heating  pur- 
poses in  the  said  city  and  suburbs  is  hereby  granted  to  said 
company  for  the  same  period,  subject  to  the  modifications,  con- 
ditions and  limitations  hereinafter  expressed;  that  is  to  say: 

First — That  the  said  The  Springfield  Gas  Light  Company 
shall  furnish  gas  for  all  street  lamps  for  the  period  of  ten 
(10)  years  from  the  first  day  of  Februar}’,  1884,  at  the  rate  of 
fifteen  dollars  per  annum  per  lamp,  which  said  sum  of  fifteen 
dollars  per  annum  per  lamp  shall  include  all  charges  by  the 


GAS  LIGHT  COMPANIES. 


679 


said  Springfield  Gas  Light  Company  for  lighting,  extinguish- 
ing, keeping  up  and  repairing  said  lamps;  said  lamps  shall 
be  lighted  for  the  same  proportion  of  time  as  is  provided  by 
the  schedule  now  in  force  in  relation  to  gasoline  lamps,  a copy 
of  which  schedule  is  made  part  of  this  ordinance — said  lamps 
to  be  kept  clean  and  in  good  repair. 

Second — The  said  The  Springfield  Gas  Light  Company  is  to 
furnish,  at  its  own  expense,  the  lamps  and  lamp-posts,  and  all 
necessary  connections  for  said  street  lamps,  and  mark  the  names 
of  streets  on  lamps  at  street  corners,  in  a style  similar  to  that 
upon  gasoline  lamps  now  in  use  in  said  city,  and  to  furnish  all 
gas  other  than  for  street  lamps  consumed  by  the  city  of  Spring- 
field,  at  the  rate  of  one  dollar  and  fifty  cents  per  one  thousand 
cubic  feet.  And  the  said  The  Springfield  Gas  Light  Company, 
is  to  furnish  to  all  consumers  of  gas  in  said  city  other  than  the 
city  of  Springfield,  who  may  pay  therefor  on  or  before  the 
tenth  day  of  each  and  every  month,  at  the  rate  of  one  dollar 
and  fifty  cents  per  one  thousand  cubic  feet,  and  if  not  paid 
within  the  time  aforesaid,  at  the  rate  of  one  dollar  and  seventy- 
five  cents  per  one  thousand  cubic  feet;  and  further  agrees  that 
it  will  not  at  any  time  after  the  expiration  of  the  ten  years 
extension  of  its  privileges  provided  for  by  this  ordinance, 
charge  or  expect  to  receive  from  private  consumers  of  gas  a 
higher  rate  than  one  dollar  and  fifty  cents  per  one  thousand 
cubic  feet,  provided  that  its  bills  are  paid  by  the  tenth  day  of 
each  month,  as  hereinbefore  provided. 

Third — The  city  council  may  at  any  time  order  the  extension 
of  gas  pipes  to  any  part  of  the  city,  and  fix  the  location  of 
street  lamps  in  such  extensions:  Provided , that  no  such  exten- 

sion of  pipes  shall  be  ordered  unless  a consumption  of  gas  of  not 
less  than  one  thousand  cubic  feet  per  day  for  each  four  hundred 
feet  of  extension  ordered  shall  be  assured  to  said  company  by 
the  city,  or  by  individuals  interested  in  said  extensions. 

Fourth — The  gas  to  be  furnished  by  the  said  Springfield  Gas 
Light  Company  shall  be  at  all  times  of  not  less  than  eighteen 
candle  power. 

Fifth — The  said  The  Springfield  Gas  Light  Company  shall 
be  in  all  respects  subject  to  the  provisions  of  the  act  of  incor- 


680 


SPECIAL  ORDINANCES  OF  CITY. 


poration  of  said  company,  the  contract  and  the  said  chapter  16 
of  the  Revised  Ordinances  of  the  said  city  of  1877,  hereinbefore 
referred  to,  except  as  herein  and  hereby  modified. 

1133.  Agrees  to  use  gas  for  street  lamps  and  other  purposes 

— compensation — rights  forfeited.]  § 2.  In  consideration  of 
the  aforesaid  agreements  of  the  said  company,  the  said  city  of 
Springfield  hereby  agrees  to  receive  and  use  gas  from  said  com- 
pany,  its  successors  and  assigns,  for  the  lighting  of  said  street 
lamps  so  to  be  furnished  by  said  company  as  aforesaid  for  the 
period  of  ten  (10)  years  from  and  after  the  first  day  of  Feb- 
ruary, 188-1,  at  fifteen  dollars  per  lamp  per  annum,  payable 
quarter-yearly;  and  the  said  city  further  agrees  to  take  and  re- 
ceive from  the  said  company  all  gas  consumed  by  it  for  other 
purposes  than  for  street  lamps,  at  the  price  of  one  dollar  and 
fifty  cents  per  .one  thousand  cubic  feet  for  the  said  period  of 
ten  (10)  years,  commencing  as  aforesaid,  payable  monthly. 
And  the  said  city  of  Springfield  does  further  agree,  that  dur- 
ing the  said  period  of  ten  years  that  it,  the  said  city  of  Spring- 
field,  will  not  grant  to  any  person  or  corporation  the  right  or 
privilege  of  using  any  of  the  streets,  alleys  or  avenues  of  said 
city  for  the  purpose  of  laying  gas  pipes  therein:  Provided , 

that  if  the  said  The  Springfield  Gas  Light  Company  shall  re- 
fuse or  neglect  to  comply  in  all  substantial  particulars  with 
the  agreements  hereinbefore  expressed  by  it  to  be  performed, 
and  shall  continue  to  so  refuse  or  neglect  for  the  period  of  ninety 
(90)  days  after  notice  thereof  by  the  said  city,  then,  and  in 
that  event,  all  rights  hereby  conferred  upon  the  said  company 
shall,  be  forfeited. 

1134.  Company  to  give  bond.]  § 3.  The  said  company 
shall,  within  two  days  after  the  passage  of  this  ordinance,  give 
bond  in  the  sum  of  fift}r  thousand  dollars  ($50,000),  with  suf- 
ficient sureties,  to  be  approved  by  the  mayor,  conditioned  for 
faithful  performance  by  said  company  of  the  agreements  made 
by  said  company  as  herein  expressed.* 

1135.  When  in  force.]  § 4.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  the  execu- 
tion and  approval  of  the  said  bond,  and  the  acceptance  hereof 
in  writing  by  the  said  Springfield  Gas  Light  Company. 

*The  bond  of  said  Gas  Light  Company,  as  above  required,  was  filed  and  ap- 
proved February  6,  1884. 


GAS  LIGHT  COMPANIES. 


681 


Acceptance  of  the  foregoing  ordinance. 

To  the  Mayor  and  City  Council  of  the  City  of  Springfield: 

You  are  hereby  notified  that  in  pursuance  of  a resolution  of  the  Board  of  Di- 
rectors of  the  Springfield  Gas  Light  Company,  adopted  by  said  board  on  the  6th 
day  of  February,  A.  D.  1881,  a certified  copy  whereof  is  herewith  handed  you,  the 
said  Springfield  Gas  Light  Company  hereby  accepts  an  ordinance  duly  passed  by 
the  City  Council  of  the  City  of  Springfield,  on  the  4th  day  of  February,  A.  D. 
1884,  and  approved  by  the  Mayor  of  said  city  on  the  6th  day  of  February,  1884,  en- 
titled “An  ordinance  in  relation  to  a supply  of  gas  for  illuminating  and  heating 
purposes  for  the  city  of  Springfield  and  the  inhabitants  thereof.” 

Springfield,  Illinois,  February  6,  1884. 

Seal  of  the  Springfield  Thk  Springfield  Gas  Light  Co., 

Gas  Light  Co.  By  N.  H.  Ridgely,  President. 

Attest:  VVm.  Ridgely,  Secretary. 


An  Ordinance  granting  certain  rights  and  privileges  to  the  Provident  Gas 
Company.  [Passed  May  20,  1895.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1136.  Permit  to  construct  and  operate  gas  works.]  § 1. 

Subject  to  the  terms  and  conditions  of  this  ordinance,  there 
is  hereby  granted  to  the  Provident  Gas  Co.,  a corporation 
created  and  existing  under  and  by  virtue  of  the  laws  of  the  State 
of  Illinois,  the  right  to  construct,  repair,  maintain  and  operate 
gas  works  within  the  city  of  Springfield,  together  with  the 
right  of  way  along,  upon  and  under  all  the  avenues,  streets,  al- 
leys and  public  places  in  the  said  city  for  the  purpose  of  placing, 
operating,  repairing  and  maintaining  one  or  more  lines  of  gas 
mains  and  pipes,  and  all  necessary  feeders  and  service  pipes  in 
connection  therewith  for  lighting  and  fuel  purposes : Pro- 

vided, that  all  excavations  in  said  streets,  alleys  and  public 
places  shall  be  made  under  the  supervision  of  the  superintendent 
of  streets,  and  wherever  it  is  possible,  said  mains  and  pipes  shall 
be  laid  along  the  alleys  instead  of  the  streets. 

1137.  Service  pipe  to  be  laid  at  expense  of  company.] 

§ 2.  Said  Provident  Gas  Company  shall  not  charge  any  per- 
son desiring  to  make  connection  with  any  service-  pipe  laid  or 
to  be  laid  by  said  company,  but  all  service  pipe  shall  be  laid 
by  said  company  at  its  own  expense. 

1138.  Provisions  in  regard  to  streets,  pipes  and  water.] 

§ 3.  Said  Provident  Gas  Company  shall  not  do  any  permanent 
injury  to  any  street,  sidewalk,  alley,  avenue  or  public  place,  or 
shade' tree  or  in  any  manner  unnecessarily  disturb  or  interfere 


G82 


SPECIAL  OKDI  NANCES  OF  CITY. 


with  any  water  pipes  or  sewer  pipes  now  laid  or  hereafter  laid 
by  said  city,  or  any  authorized  company  or  corporation,  and 
when  said  company  shall  open  ground  in  th,e  same,  it  shall  forth- 
with restore  the  street  pavement,  sidewalk  or  ground  or  water 
pipes,  or  sewer  pipes  to  a condition  equally  as  good  as  before, 
at  its  own  expense,  and  if  said  company  shall  fail  or  refuse  to 
do  so  the  same  may  be  done  by  the  said  city  and  said  company 
shall  be  liable  for  the  cost  thereof.  Said  Provident  Gas  Com- 
pany shall  not  make  any  excavations  in  any  street,  alley,  avenue 
or  public  place  without  first  securing  a permit  for  that  purpose 
from  the  city  engineer,  and  whenever  said  company  shall  make 
application  in  writing  to  said  officer  for  such  permit  or  permits, 
and  shall  have  complied  with  all  of  the  sections  of  the  ordinance, 
it  shall  be  the  duty  of  such  officer  to  forthwith  issue  such  permit 
or  permits.  When  any  excavation  shall  be  made  by  said  com- 
pany in  any  street,  alley,  avenue  or  public  place  paved  with 
wooden  blocks,  the  foundation  boards  or  planks  shall  be  removed 
without  being  cut,  unless  such  cutting  shall  be  permitted  by  the 
city  engineer.  Said  company  shall  not  use  the  public  fire 
hydrants  of  the  city  or  any  water  therefrom  without  a license 
or  permit  from  the  superintendent  of  water  works  of  said  city, 
which  license  shall  be  granted  by  said  superintendent  upon  the 
Provident  Gas  Company  paying  or  agreeing  to  pay  the  fee  for 
water,  as  the  same  is  fixed  by  the  ordinances  of  said  city.  The 
said  company  shall,  upon  notice  from  the  city  engineer  of  said 
city,  remove  or  change  at  its  own  expense,  any  gas  main,  pipe, 
service  pipe  or  feeder  which  may  be  in  the  way  of  or  interfere 
with  the  construction  or  erection  of  any  public  structure  or 
public  building  within  said  city. 

1139.  Not  to  open  and  encumber  more  of  street  than  is 
necessary — to  prevent  accidents  at  openings.]  § 4.  Said 

Provident  Gas  Company  shall  not  open  or  encumber  more 
of  any  street,  avenue,  alley  or  public  place  at  any  one  time, 
than  may  be  necessary  to  enable  it  to  proceed  with  advantage 
in  the  laying  of  such  main  pipes,  feeders  or  service  pipes,  nor 
shall  said  company  permit  any  such  street,  avenue,  alley  or 
public  place  to  remain  open  or  encumbered  for  a longer  period 
than  shall  be  necessary  to  execute  the  work  for  which  the  same 
shall  have  been  opened,  or  without  putting  up  the  necessary  bar- 


GAS  LIGHT  COMPANIES. 


683 

Tiers  and  lights,  so  as  to  effectually  prevent  the  happening  of 
any  accident  in  consequence  of  such  opening  or  encumbering 
•of  such  street,  alley,  avenue  or  public  grounds. 

1140.  duality  of  gas — price.]  § 5.  Said  Provident  Gas 
Company  shall  supply  illuminating  gas,  the  quality  of  which 
shall  be  as  nearly  uniform  as  practicable,  averaging  for  any 
•one  mouth  not  less  than  twenty- two  (22)  sperm  candles  burn- 
ing one  hundred  and  twenty  (120)  grains  per  hour,  to  be  de- 
termined by  authorized  photometrical  test,  or  a public  pho- 
tometer in  city  hall  building,  a five  foot  burner  being  used; 
(said  Provident  Gas  Company  to  furnish  and  keep  in  repair 
photometer  in  city  hall  building  and  all  leads  thereto).  The 
maximum  price  to  be  charged  by  said  company  for  gas  to  be 
furnished  by  it  to  consumers,  other  than  the  city  of  Spring- 
field,  is  hereby  fixed  at  eighty-five  cents  (85c)  per  one  thou- 
sand cubic  feet  of  illuminating  gas,  and  sixty-five  cents  (65c) 
per  one  thousand  cubic  feet  of  fuel  gas,  provided  that  said 
company  shall  have  the  right  to  charge  and  collect  an  addi- 
tional ten  cents  (10c)  per  thousand  feet,  (cubic),  if  bills  are 
not  paid  by  a certain  date  in  each  calendar  month,  to  be  fixed 
by  said  company  and  stated  in  said  bills. 

1141.  To  furnish  gas,  etc.,  for  street  lighting.]  § 6.  The 

city  of  Springfield  reserves  the  right  to  require  the  said  com- 
pany in  addition  to  furnishing  gas  for  its  street  lamps,  to  light 
and  extinguish  the  same,  and  in  such  case  the  said  company 
agrees  to  furnish  gas  for  street  lighting  including  the  labor 
of  lighting  and  extinguishing,  at  not  exceeding  twelve  (12) 
dollars  per  annum  for  each  street  lamp  consuming  five  cubic 
feet  of  gas  per  hour  with  boulevard  globes. 

1142.  Not  in  force  until  acceptance  is  filed — compensation 
to  city — bond.]  § 7.  This  ordinance  shall  not  be  in  force 
as  to  said  Provident  Gas  Company  until  it  shall  have  been  ac- 
cepted by  said  company,  such  acceptance  to  be  made  and  no- 
tice thereof  in  writing  filed  with  the  city  clerk  within  thirty 
(30)  days  from  the  passage  of  the  same.  That  after  said  com- 
pany shall  have  been  in  operation  for  one  full  year  from  its  com- 
pletion, the  said  Provident  Gas  Company  shall  pay  into  the 
city  treasury  one  (1)  per  cent  of  its  gross  receipts  for  a period 


681 


SPECIAL  ORDINANCES  OF  CITY. 


of  five  years,  and  at  the  expiration  of  this  five  (5)  years  and 
during  the  balance  of  the  time  this  company  shall  do  business 
under  this  charter,  they  shall  be  required  to  pay  into  the  city 
treasury,  two  (2)  per  eent  of  its  gross  receipts.  The  said 
company  shall  within  one  year  of  the  passage  of  this  ordinance 
commence  the  construction  of  said  gas  works,  and  said  com- 
pany shall  within  thirty  (30)’  days  after  the  passage  of  this 
ordinance  give  bond  in  the  sum  of  $50,000.00  with  sufficient 
security,  to  be  approved  by  the  mayor  and'  the  city  council, 
conditioned  upon  the  faithful  performance  of  the  agreements 
made  by  said  company  as  herein  provided. 

1143.  To  continue  twenty  years — when  city  shall  have 
right  to  purchase  plant.]  § 8.  The  rights  and  privileges 
hereby  granted  by  this  ordinance  are  granted  for  the  time  of 
twenty  years  from  and  after  the  acceptance  of  this  ordinance, 
and  are  upon  the  express  condition  that  at  the  end  of  said  time 
of  twenty  years  from  the  acceptance  of  this  ordinance  the  said 
city  of  Springfield  shall  have  the  right  to  purchase  the  entire 
plant  of  said  company  and  all  its  property  and  effects  of  every 
kind  and  description  within  said  city  of  Springfield  at  an  ap- 
praised value  which  shall  be  ascertained  and  determined  by 
three  competent  and  disinterested  appraisers,  who  shall  have 
full  access  to  all  books,  papers  and  other  documents  bearing 
or  appertaining  to  the  subject,  and  such  appraisers  shall  be  se- 
lected in  the  following  manner,  to-wit: 

One  of  said  appraisers  shall  be  appointed  by  the  city  of 
Springfield  and  one  bv  said  company,  and  the  two  so  selected 
shall  choose  a third  and  if  said  two  appraisers  cannot  agree  upon 
a third,  then  such  third  appraiser  shall  be  selected  by  the  judge 
of  the  circuit  court  of  Sangamon  county,  Illinois,  and  the  said 
three  appraisers  so  chosen  shall  within  six  months  after  the 
appointment  of  the  last  appraiser,  make  report  in  writing  of  the 
value  of  said  property  to  said  city  of  Springfield  and  to  the 
said  company,  and  the  said  city  of  Springfield  shall  have  the 
option  at  any  time  within  six  months  after  the  receipt  of  said 
report  to  purchase  said  plant  and  property,  together  with  all  its 
appurtenances  and  equipments  at  the  appraised  value  so  fixed 
by  said  appraisers;  provided  that,  however,  if  the  said  city 
shall  so  elect  to  so  purchase  said  plant,  the  said  company  shall 


PARKS,  ETC. 


685 


have  the  right  to  operate  the  said  plant  and  receive  the  profits 
therefrom  during  the  time  arbitration  is  in  progress  and  until 
the  same  shall  be  completed,  and  the  purchase  price  as  fixed  by 
the  arbitration  has  been  paid. 

1144.  When  in  force.]  § 9.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  amending  an  ordinance  granting  certain  rights  and  privileges 

to  the  Provident  Gas  Company.  [Passed  June  5,  1896.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1145.  Amendment.]  § 1.  That  an  ordinance  entitled  “An 
ordinance  granting  certain  rights  and  privileges  to  the  Provi- 
dent Gas  Company,”  passed  May  20,  1895,  and  accepted  June 
18,  1895,  be  amended,  beginning  at  the  11th  line  of  section  7, 
at  the  word  “the”  by  inserting  instead  of  the  words  “the  said 
company  shall  within  one  year  after  the  passage  of  this  ordi- 
nance, commence  the  construction  of  said  gas  works”  the  words 
“the  said  company  shall  within  two  years  from  June  18,  1895, 
commence  the  construction  of  said  gas  works.” 

1146.  No  new  bond  required.]  § 2.  No  new  bond  shall 
be  required  from  said  company. 

1147.  When  in  force.]  § 3.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


PARKS,  ETC. 

An  Ordinance  providing  for  the  appointment  of  Park  Commissioners  for  the 
Springfield  City  Park.  [Passed  August  7,  1893.  Approved  August  16,  1893.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1148.  Commissioners  appointed.]  § 1.  That  there  are 
hereby  appointed  to  the  office  of  Park  Commissioners  of  the 
city  of  Springfield,  without  pay,  and  shall  hold  their  said  office 
for  one,  two  and  three  years  or  until  their  successors  are  ap- 
pointed on  the  first  Monday  in  May,  annually. 

1149.  To  elect  president  and  secretary.]  § 2.  Said  com- 
missioners shall  elect  their  own  president  and  secretary. 


SPECIAL  ORDINANCES  OF  CITY. 


686 

1150.  Commissioners  to  receive  and  hold  all  subscriptions, 
donations,  etc.,  and  to  expend  same  pursuant  to  plan  approved 
by  city  council.]  § 3.  Said  commissioners  by  and  through  the 
city  treasurer  shall  receive  and  hold  for  the  use  of  the  city  all  sub- 
scriptions and  donations  and  all  appropriations'  by  the  city 
council  for  the  improvement  of  the  city  park,  and  shall  expend 
all  such  appropriations  in  accordance  with  or  in  pursuance  of 
any  plan  which  has  been  approved  by  the  city  council  and  all 
subscriptions  and  donations  in  accordance  wfith  the  will  or  de- 
sire of  the  persons  subscribing  or  donating  the  same.  Providing 
the  same  has  received  the  sanction  of  the  city  council. 

1151.  Commissioners  to  prepare  plan  for  park.]  § 4.  It 
shall  be  the  duty  of  the  said  commissioners  to  prepare  and  pre- 
sent to  the  city  council  a plan  for  the  gradual  improvement 
of  the  Springfield  City  Park,  with  such  other  accommodations 
as  their  judgment  may  suggest. 

1152.  To  have  entire  control,  subject  to  city  council.] 
§ 5.  Said  commissioners  in  all  matters  not  passed  upon  by 
the  city  council  shall  have  the  entire  control  of  the  parks  be- 
longing ‘to  the  city,  subject  however,  to  the  approval  or  dis- 
approval of  the  city  council,  and  they  shall  present  to  the  city 
council  at  its  last  regular  meeting  in  each  year,  a detailed  report 
of  their  action  for  that  year,  showing  the  amount  appropriated 
by  the  council,  the  amounts  donated  or  subscribed  by  private 
parties  for  improvement  of  parks,  the  amount  expended  for 
specific  purposes  by  order  of  the  council,  the  amount  expended 
in  accordance  with  the  wishes  of  parties  making  donations  and 
subscriptions.  The  various  amounts  expended  for  incidental 
or  running  expenses  during  the  year,  and  the  amount  remaining 
in  the  hands  of  the  treasurer,  whose  books  and  vouchers  shall  at 
all  times  be  subject  to  inspection  of  the  mayor  or  any  committee 
appointed  by  the  city  council. 

An  Ordinance  turning  over  to  the  Pleasure  Driveway  and  Park  District  of 
Springfield  (Illinois)  and  the  Board  of  Trustees  thereof  full  control  of  and 
jurisdiction  over  certain  real  estate  required  by  said  district,  part  of  which  is 
situated  within  the  corporate  limits  of  the  city  of  Springfield,  Illinois,  as  also 
full  control  of  and  jurisdiction  over  all  of  Williams  street  from  Walnut  street  to 
West  Grand  avenue.  [Passed  October  7,  1901.  Approved  October  8,  1901.] 

Whereas,  the  Pleasure  Driveway  and  Park  District  of  Spring- 
field,  has  been  and  is  legally  organized  under  an  Act  of  the  State 


PARKS,  ETC. 


687 

of  Illinois,  entitled,  “A n act  for  the  creation  of  pleasure  drive- 
ways and  park  districts,”  approved  June  19,  1893.  In  force 
July  1,  1893,  and  acts  amendatory  thereof,  and  has  acquired, 
real  estate  for  park,  boulevard  and  pleasure  driveway  purposes 
within  Sangamon  county,  Illinois,  and  within  said  district  a 
part  of  which  is  situated  within  the  corporate  limits  of  the 
city  of  Springfield,  Illinois,  and  the  city  council  of  the  city  of 
Springfield,  Illinois,  desires  to  turn  over  and  place  under  the 
control  of  the  board  of  trustees  of  said  Pleasure  Driveway  and 
Park  District  all  of  said  real  estate,  as  also  all  of  Williams 
street  from  Walnut  street  to  West  Grand  avenue  in  said  city 
for  the  purpose  of  using  and  regulating  and  controlling  the 
same  by  ordinance  or  otherwise,  and  for  all  purposes  contem- 
plated by  section  seven  of  the  act  aforesaid.  Now  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1153.  Full  control  and  jurisdiction  over  lands  described 
granted.]  § 1.  That  full  control  and  jurisdiction  be,  and  is 
hereby  granted  to  the  Pleasure  Driveway  and  Park  District  of 
Springfield,  and  the  board  of  trustees  thereof  and  over  all  of 
the  real  estate  acquired  by  it  for  park,  boulevard  and  pleasure 
driveway  purposes,  all  of  which  is  situated  within  said  district, 
and  a part  of  which  is  within  the  corporate  limits  of  the  city 
of  Springfield,  Illinois,  and  which  is  described  as  follows,  to- wit: 

One  hundred  and  fifty  (150)  feet  on  each  side  of  the  line 
between  the  north  half  and  the  south  half  of  the  southwest 
quarter  of  section  33,  Township  16  North,  range  5,  West  3rd 
P.  M.  Sangamon  county,  Illinois,  being  300  feet  in  width  in- 
cluding Williams  street  and  2,680  feet  in  length  more  or  less, 
and  containing  16-16/100  acres  more  or  less.  Also  the  south 
150  feet  of  that  part  of  the  northeast  % of  the  southeast  % 
of  section  32,  town  16,  aforesaid  containing  7.16  acres  described 
as  follows: 

Commencing  at  the  southeast  corner  of  said  quarter  quarter 
section  running  thence  north  on  the  section  line  7.58-1  /3  chains, 
thence  west  9.44%  chains,  thence  south  7.58-1/3  chains  to  the 
south  line  of  said  quarter  quarter  section,  and  thence  east  to 
the  beginning. 


SPECIAL  ORDINANCES  OF  CITY. 


G88 

Also  the  southeast  ^4  of  the  southeast  *4  of  said  Section  32, 
town  1 (>  north,  range  5,  west  of  3rd  P.  M.  aforesaid,  and  all  that 
part  of  the  west  one-half  of  the  southeast  one-fourth  (*4)  of 
said  section  32  lying  south  of  the  Springfield  and  Jacksonville 
wagon  road,  containing  48  acres,  as  also  the  southeast  *4  of  said 
section  32  aforesaid,  including  full  jurisdiction  of  and  control 
over  all  of  Williams  street  from  Walnut  street  to  West  Grand 
avenue  in  the  city  of  Springfield,  Illinois,  for  the  purpose  of 
using  and  regulating  and  controlling  the  same  by  ordinance 
or  otherwise,  and  for  all  other  purposes  contemplated  by  section 
7 of  an  act  of  the  legislature  of  the  State  of  Illinois,  entitled, 
“An  act  for  the  creation  of  Pleasure  Driveways  and  Park  Dis- 
tricts,” approved  June  19,  1893.  In  force  July  1,  1893. 

1154.  When  in  force.]  § 2.  This  ordinance  shall  be  in 
full  force  and  effect  from  and  after  its  passage  and  approval 
by  the  mayor,  and  acceptance  thereof  by  the  Pleasure  Driveway 
and  Park  District  of  Springfield,  as  expressed  by  ordinance  of 
such  district. 

An  Ordinance  granting  to  the  board  of  trustees  of  the  Pleasure  Driveway  and 
Park  District  of  Springfield  the  control  and  management  of  a certain  park  in 
the  southern  part  of  the  city.  [Passed  June  18,  1900.  Approved  June  28,  1900.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1155.  Granting  control  over  lands  described.]  § 1.  That 

the  city  of  Springfield  does  hereby  grant  to  the  board  of  trus- 
tees of  the  Pleasure  Driveway  and  Park  District  of  Spring- 
field,  the  power  and  authority  to  control,  govern  and  regulate 
the  park  located  in  the  southern'  part  of  the  city  of  Springfield 
and  known  as  lies’  Park  and  described  as  follows: 

Park  block  of  Elijah  lies’  subdivision  of  lands  number  three 
(3)  located  in  Sangamon  county  and  State  of  Illinois,  and 
said  board  of  trustees  is  hereb}r  invested  with  all  of  the  power 
and  authority  over  and  concerning  said  park  as  is  granted  to 
them  by  virtue  of  an  act  entitled  “An  act  to  provide  for  the 
creation  of  Pleasure  Driveway  and  Park  Districts,”  approved 
June  19,  1893.  In  force  July  1,  1893. 

1156.  When  in  force.]  § 2.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 


PUBLIC  LIBRARY. 


689 

An  Ordinance  empowering  and  authorizing  the  Mayor  to  convey  a certain 
piece  of  property  to  the  * ‘Pleasure  Driveway  and  Park  District  of  Springfield, 
Illinois.”  [Passed  December  30,  1901.  Approved  January  1,  1902.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1157.  Authorizing  conveyance  of  land.]  § 1.  That  the 
mayor  be,  and  he  is  hereby  authorized  and  empowered  to  exe- 
cute and  deliver  for  the  city  of  Springfield,  a warranty  deed 
to  the  “Pleasure  Driveway  and  Park  District  of  Springfield, 
Illinois,”  for  park  purposes,  the  following  described  premises, 
to-wit : 

Park  block  of  Elijah  lies5  subdivision  of  lands  number  three 
(3),  situated  in  the  county  of  Sangamon  and  State  of  Illinois. 

1158.  Conflicting  ordinances  repealed.]  § 2.  All  ordi- 
nances or  parts  of  ordinances  in  any  way  conflicting  herewith 
are  hereby  repealed. 

1159.  When  in  force.]  § 3.  This  ordinance  shall  be  in 
full  force  and  effect  from  and  after  its  passage. 


PUBLIC  LIBRARY. 

An  Ordinance  providing  for  the  maintaining  of  a public  library.  [Passed 

March  18,  1901.  Approved  March  21,  1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1160.  Accepting  gift  of  Andrew  Carnegie — agreement  to 
furnish  suitable  site.]  § 1.  That  in  consideration  of  the 
generous  proffer  by  Mr.  Andrew  Carnegie,  in  his  letter  of 
March  8th,  1901,  to  Mr.  Edwin  S.  Walker,  of  the  sum  of  seventy- 
five  thousand  ($75,000.00)  dollars  for  the  purpose  of  erect- 
ing a public  library  building  in  this  city,  the  city  of  Spring- 
field  hereby  gratefully  accepts  the  gift,  under  the  terms  pro- 
posed, and  agrees  to  furnish  a suitable  site  for  the  said  build- 
ing, the  location  to  be  decided  upon  by  a joint  committee  to 
consist  of  three  members  of  the  city  council,  to  be  appointed  by 
the  mayor,  three  members  representing  the  citizens  of  Spring- 
field  at  large,  to  be  appointed  by  the  mayor,  and  three  members 
of  the  board  of  directors  of  the  public  library,  said  site  to  be 
paid  for  by  the  citizens  of  Springfield. 


SPECIAL  ORDI NANCES  OF  CITY. 


C90 

1161.  Guarantees  appropriation  of  at  least  $7,500  annually.] 

§ 2.  That  lor  the  maintenance  of  said  public  library  the  city 
of  Springfield  hereby  agrees,  pledges  its  good  faith,  and  guar- 
antees the  appropriation  of  at  least  seven  thousand  five  hun- 
dred dollars  annually  for  all  time  to  come,  for  the  mainten- 
ance of  a free  public  library  in  said  building. 

1162.  When  in  force.]  § 3.  That  this  ordinance  shall 
be  in  full  force  and  effect  from  and  after  its  passage  and  ap- 
proval by  the  mayor. 

1163.  Conflicting  ordinances  repealed.]  § 4.  That  all 

ordinances  or  parts  of  ordinances  conflicting  with  this  ordi- 
nance are  hereby  repealed. 


RAILROADS. 

ALTON  AND  SANGAMON  RAILROAD  COMPANY. 

An  Ordinance  allowing  the  right  of  way  to  the  Alton  and  Sangamon  Railroad 
Company  on  Third  street.  [Passed  March  20,  1851.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1164.  Right  of  way  in  Third  street  its  whole  length — condi- 
tions.] § 1.  The  Alton  and  Sangamon  Railroad  Company 
are  allowed  the  right  of  way  in  Third  street,  in  said  city, 
throughout  its  whole  length  and  width,  except  a strip  ten  feet 
wide  on  each  side  of  the  street,  in  front  of  all  property  on  said 
street  but  their  own,  for  sidewalks,  so  far  as  may  be  necessary 
for  the  construction,  completion  and  convenient  enjoyment  of 
their  railroad  within  and  upon  said  street:  Provided , that  said 

company  shall  not  erect  any  building  within  or  upon  said 
street;  that  said  company  shall  so  grade,  level,  and  bridge  said 
street,  on  at  least  one  side  of  the  track,  as  to  be  at  all  times 
conveniently  passable  for  teams,  with  convenient  access  to  and 
from  the  same,  on  both  sides  thereof,  at  each  street  and  alley 
crossing  said  track;  that  said  company  shall  make,  construct, 
and  at  all  times  keep  in  repair,  sufficient  and  suitable  culverts, 
ditches,  and  whatever  else  shall  be  needful  for  the  complete 
drainage  of  said  Third  street  ; that  the  locomotives,  cars,  etc., 
of  said  company,  shall  not,  while  within  the  limits  of  said 


RAILROADS. 


691 


city,  move  at  a greater  speed  than  the  rate  of  six  miles  per  hour: 
And  provided , further , that  the  said  city  does  not  assume  to 
make  compensation  for  any  injury  which  may  be  done  to  pri- 
vate property  by  said  company,  and  does  not  assume  to  inter- 
fere with  any  legal  claim  for  damages  which  the  owners  of 
private  property  may  at  any  time  have  against  said  company. 


An  Ordinance  amendatory  to  the  ordinance  allowing  the  right  of  way  to  the 
Alton  and  Sangamon  Railroad  Company.  [Passed  June  26,  1851.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield.: 

1165.  Culverts,  bridges,  etc.,  to  be  constructed  under  direc- 
tion of  the  city  council.]  § 1.  The  ordinance  in  relation  to 
the  Alton  and  Sangamon  Railroad  Company,  allowing  said 
company  the  right  of  way,  in  part,  over  and  upon  Third  street, 
passed  March  20,  1851,  is  so  amended  as  to  require  said  com- 
pany, in  the  construction  of  culverts,  bridges,  ditches,  and 
whatsoever  else  shall  be  useful  and  needful  for  the  complete 
drainage  of  said  Third  street,  to  do,  execute  and  perform  the 
same,  in  conformity  to,  and  with  the  direction  of,  the  city  coun- 
cil of  said  city. 

An  Ordinance  in  relation  to  the  grade  of  the  Chicago  and  Alton  Railroad  Com 
pany’s  track  on  Third  street,  from  Capital  avenue  south,  across  South  Grand 
avenue.  [Passed  September  13,  1887.  Approved  September  14,  1887.] 

Whereas,  There  is  a controversy  between  the  city  of  Spring- 
field,  and  the  Chicago  and  Alton  Railroad  Company,  as  to  what 
is  the  established  grade  for  the  track  of  said  railroad  company 
on  Third  street  in  said  cityr,  from  Capitol  avenue,  to  and  across 
South  Grand  avenue;  therefore 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1166.  Grade  established.]  § 1.  That  the  grade  of  the 
track  of  the  Chicago  and  Alton  Railroad  Company  on  Third 
street,  from  Capitol  avenue  to  and  across  South  Grand  avenue, 
be  established  and  declared,  as  shown  upon  the  following  pro- 
file, the  elevations  shown  thereon  being  taken  from  the  city 
datum  or  bench  mark  in  the  public  square,  and  being  the  red 
figures  and  lines.  The  blue  lines  and  figures  show  the  present 
established  line. 


/ 


SPECIAL  ORDINANCES  OF  CITY. 


692 

1167.  Acceptance  of  grade  shall  bind  the  R.  R.  Co.  to  pro- 
tect the  city  against  suits  for  damages.]  § 2.  Such  grade 
shall  not  be  binding  upon  the  city  until  the  Chicago  and  Alton 
Railroad  Company  shall  give  to  the  mayor  and  city  council 
of  this  city  their  acceptance,  in  writing,  of  the  provisions  of 
this  ordinance,  and  such  acceptance  shall  bind  the  company  to 
save  the  city  harmless  frojn  all  suits,  claims,  or  damages  and 
costs  which  it  may  sustain  on  account  of  damages  done  to  per- 
sons or  property,  by  reason  of  any  change  made  by  such  grade. 

1168.  R.  R.  Co.  shall  grade  street.]  § 3.  The  company 

shall  grade  said  street  to  their  track  grade,  so  as  to  be  in  good 
and  safe  condition  for  travel. 

1169.  Void  unless  accepted  in  5 days.]  § 4.  Unless  ac- 
cepted by  the  company  within  five  days  from  date,  this  ordi- 
nance shall  be  void; 

1170.  When  in  force.]  § 5.  This  ordinance  shall  be  in 

force  from  and  after  its  passage. 

Acceptance. 

Chicago,  III.,  September  13,  1887. 
Hon.  Chas.  E.  Hay,  Mayor  of  Springfield,  111. 

Dear  Sir — The  ordinance  in  relation  to  the  grade  of  the  Chicago  and  Alton 
Railroad  Company’s  track,  on  Third  street,  from  Capitol  avenue  to  South  Grand 
avenue,  passed  by  the  city  council  of  the  city  of  Springfield,  on  Sept.  13,  is 
accepted  by  this  company. 

Yours  truly, 

C.  H.  Chappell, 

General  Manager. 

An  Ordinance  approving  plans  for  bridges  submitted  by  the  Chicago  and  Alton 
Railroad  Company.  [Passed  June  20,  1901.  Approved  June  20,  1901. J 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1171.  Plans  for  bridges  approved.]  § 1.  That  the  plans 
presented  by  the  Chicago  and  Alton  Railway.  Company  for 
new  bridges  over  Capitol  avenue  and  Dodge  street  be,  and  the 
same  are  hereby  approved  upon  the  conditions  following: 

1172.  Acceptance  binds  R.  R.  Co.  not  to  lay  more  than  a 
double  track  in  Third  street.]  § 2.  By  the  acceptance  of  this 
ordinance  said  company  covenants  and  agrees  to  waive  all 
right  which  it  may  have  to  lay  anything  more  than  a double 


RAILROADS. 


093 


track  in  Third  street  south  of  Monroe  street  and  that  no  other 
sidetrack  or  sub-track  except  such  double  track  shall  ever  be 
laid  in  Third  street  by  it  south  of  Monroe  street  or  between 
Dodge  street  and  Black  avenue,  and  that  they  will  place  no 
stand  pipe  or  building  of  any  kind  or  character  within  said 
limit. 

1173.  Provisions  in  case  a double  track  is  laid.]  § 3.  In 

case  said  company  puts  down  a double  track  in  Third  street 
south  of  Monroe  street,  under  permission  of  this  ordinance, 
the  ends  of  the  ties  shall  be  kept  at  least  twenty  feet  from  the 
property  line  on  either  side  of  the  said  street,  and  said  com- 
pany shall  lay  and  maintain  at  its  own  expense,  a brick  pave- 
ment at  least  fourteen  feet  in  width  on  each  side  of  its  tracks 
in  Third  street  from  Lawrence  avenue  south  to  South  Grand 
avenue,  with  proper  curbing  at  the  gutter,  and  they  shall  erect 
and  maintain  retaining  walls  wherever  necessary  on  Third 
street  and  keep  and  maintain  proper  drainage  and  sewer  in- 
lets wherever  they  run  in  Third  street. 

1174.  Not  to  affect  legal  rights  of  property  owners.]  § 4. 

Nothing  herein  contained  shall  in  any  way  affect  any  legal 
right  which  any  property  holder  may  have  against  said  com- 
pany on  account  of  their  laying  an  additional  track. 

1175.  Subway  provisions.]  § 5.  Whenever  the  city  shall 

obtain  the  consent  in  writing  and  release  in  full,  from  owners 
of  property  affected  by  the  proposed  subway  or  viaduct  and  its 
approaches  releasing  the  railroad  company  from  all  claims 
for  damages  due  to  the  construction  or  maintenance  thereof, 
said  company  shall  put  in  a subway  at  a point  where  Eighth 
street  crosses  the  right  of  way  and  they  shall  do  so  within  ninety 
days  after  the}'  are  notified  by  the  city  of  the  obtaining  of  the 
written  consent  and  releases  as  aforesaid.  The  city  expressly 
reserves  any  right  it  may  have  to  require  said  company  to 
construct  subways  at  any  and  all  crossings  in  Third  street  in 
said  city  wherever  it  deems  the  same  necessary,  upon  securing 
the  consent  and  releases  in  writing  as  above  provided  of  the 
owners  of  all  property  to  be  affected  by  said  subways:  Pro- 

vided, that  the  company  shall  not  be  required  to  construct  more 
than  two  subways  each  year. 


694  SPECIAL  ORDINANCES  OF  CITY. 

1176.  Work  to  be  done  subject  to  approval  of  street  and 
alley  committee.]  § 6.  All  work  provided  for  in  this  ordi- 
nance shall  be  done  subject  to  the  approval  of  the  street  and 
alley  committee  and  the  city  engineer. 

1177.  Conflicting  ordinances  repealed.]  § 7.  All  ordi- 

nances or  parts  of  ordinances  in  conflict  herewith  are  hereby 
repealed,  and  this  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage:  Provided , that  if  the  said  com- 

pany shall  fail  to  comply  with  the  terms  and  provisions  of  this 
ordinance,  the  same  shall  become  null  and  void. 

PAN  A,  SPRINGFIELD  AND  NORTHWESTERN  RAILROAD  CO. 

An  Ordinance  granting  the  right  of  way  to  the  Pana,  Springfield  and  North- 
western Railroad  Company.  [Passed  March  3,  1869.  Approved  March  5,  1869.1 

Be  it  ordained  by  the  City  Council  of  the  City  of  Spring  field: 

1178.  Right  of  way  allowed  upon  any  street  or  avenue  in 

the  city — conditions  thereto.]  § 1.  That  the  Pana,  Spring- 
field  and  Northwestern  Railroad  Company  are  hereby  allowed 
the  right  of  way  in  or  upon  any  street  or  avenue  in  said  city, 
throughout  its  whole  length,  but  not  so  as  to  interfere  with 
that  portion  reserved  for  sidewalk  purposes,  so  far  as  may  be 
necessary  for  the  construction,  completion,  operation  and  con- 
venient enjoyment  of  their  railroad,  within  and  upon  said 
street  or  avenue:  Provided,  that  said  company  shall  not  erect 

any  building,  fence  or  other  obstruction  of  any  kind  within 
or  upon  the  limits  of  said  street  or  avenue.  That  said  com- 
pany shall  so  grade,  level  and  bridge  said  street  or  avenue,  on 
both  sides  of  their  track,  as  to  be  at  all  times  conveniently 
passable  for  teams  and  carriages,  with  convenient  access  to  and 
from  the  same,  as  well  as  on  both  sides  of  each  street  and  alley 
crossing  said  track.  That  said  company  shall  make,  construct, 
and  at  all  times  keep  in  repair,  sufficient  and  suitable  cross- 
ings for  foot  passengers,  culverts,  ditches,  and  whatever  else 
shall  be  needful  for  the  complete  and  convenient  passage,  use 
and  drainage  of  said  street  or  avenue.  That  the  locomotives, 
cars,  or  other  rolling  stock  of  said  company,  shall  not,  while 
within  the  limits  of  said  city^,  move  at  a greater  speed  than  the 
rate  of  six  (6)  miles  an  hour:  And  provided,  further,  that 

said  city  does  not  assume  to  make  compensation  for  any  injury 


RAILROADS. 


695 

which  may  result  or  be  done  to  life,  health,  or  private  property, 
by  said  company,  and  does  not  assume  to  interfere  with  any 
legal  claim  for  damages  which  any  person  or  person's,  or  the 
owner  of  private  property,  may  have,  either  in  the  location 
or  operation  of  said  railroad,  at  any  time,  against  said  com- 
pany, for  injury  to  life,  health  or  private  property  aforesaid: 
And  it  is  further  provided , that  the  location  of  said  railroad 
through  said  city  shall  be  established,  and  the  construction  of 
culverts,  ditches,  and  whatever  else  shall  be  useful  and  needful 
for  the  complete  drainage  of  said  street  or  avenue,  shall  be 
done  and  performed  only  with  the  consent  and  in  conformity 
to,  and  under  the  direction  of,  the  city  council  of  said  city,  act- 
ing through  the  city  engineer:  And  provided , further , that 

in  case  South  Grand  avenue  shall  be  selected  for  the  location 
of  said  railroad,  the  said  railroad  track  shall  be  located  and 
constructed  so  as  not  in  any  way  to  interfere  with  the  section 
and  quarter-section  monuments,  known  as  the  government  and 
sub-division  corners : And  provided,  further,  said  railroad 

company  shall  be  subject  to  the  ordinances  of  said  city  relat- 
ing to  railroads,  and  to  such  as  shall  be  hereafter  passed  re- 
lating thereto:  Provided,  that  if  either  Grand  avenue  shall 

be  selected,  then  the  track  shall  be  located  not  less  than  six 
feet  within  the  center  line  of  said  avenue,  so  selected. 

SPRINGFIELD  AND  ILLINOIS  SOUTHEASTERN  RAILWAY  COMPANY. 

An  Ordinance  granting  the  right  of  way  to  the  Springfield  and  Illinois  South- 
eastern Railway  Company,  on  Madison  street  and  Salome  avenue.  [Passed 

July  6,  1870.  Approved  July  7,  1870.] 

Whereas,  The  Springfield  and  Illinois  Southeastern  Rail- 
way Company,  into  which  the  Pana,  Springfield  and  North- 
western Railroad  Company  has  been  consolidated,  in  pursuance 
of  an  ordinance  of  the  city  council  of  the  city  of  Springfield, 
approved  March  5th,  A.  D.  1869,  granting  the  right  of  way  to 
said  last  named  company  on  or  upon  any  street  or  avenue 
through  said  city,  have  located  their  said  railroad  upon  Madison 
street,  west  from  Third  street  and  upon  Salome  avenue;  there- 
fore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1179.  Permission  to  construct  and  operate  railroad  on  Madi- 
son street  and  Salome  avenue,  subject  to  ordinance  of  March, 


SPECIAL  ORDINANCES  OF  CITY. 


(>9<i 

1869.]  § J.  That  consent  and  permission  is  hereby  given  to* 

the  said  Springfield  and  Illinois  Southeastern  Kailway  Com- 
pany to  construct,  maintain  and  operate  their  said  railroad 
through  and  upon  said  Madison  street  and  Salome  avenue,  as 
the  same  has  been  located  by  said  company;  said  road  to  bo 
constructed  as  aforesaid,  under  the  supervision  of  the  commit- 
tee on  streets  and  alleys  and  the  city  engineer,  but  at  the  sole 
expense  of  said  company,  subject  to  all  requirements  contained 
and  prescribed  in  the  said  ordinance  of  March  the  oth,  18G9, 
granting  the  right  of  way  aforesaid,  to  the  Pana,  Springfield 
and  Northwestern  Kailroad  Company:  Provided , that  the  said 

railroad  company  shall  not  lay  any  side-track  or  switches- 
along  said  Madison  street  or  Salome  avenue,  and  shall  keep 
the  ties  down  to  the  level  of  the  grade  thus  established  by  the 
city  engineer,  and  shall  fill  up  between  the  ties  so  as  not  to  im- 
pede travel  across  or  along  said  track:  And , provided,  also , 

that  nothing  herein  contained  shall  be  construed  to  prevent 
said  company  from  making  connection  with  their  private  prop- 
erty. 

1180.  In  force  from  passage.]  § 2.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

THE  SPRINGFIELD  AND  ILLINOIS  SOUTHEASTERN,  GILMAN,  CLIN- 
TON AND  SPRINGFIELD,  AND  SPRINGFIELD  AND  NORTHWESTERN 
RAILWAY  COMPANIES. 

An  Ordinance  granting  the  right  of  way  to  the  Springfield  and  Illinois  South- 
eastern Railway  Company;  Gilman.  Clinton  and  Springfield  Railway  Com- 
pany, and  Springfield  and  Northwestern  Railway  Company.  [Passed  March 
11,  1871.  Approved  March  11,  1871J 

Be  it  ordained  by  the  City  CouncAl  of  the  City  of  Springfield : 

1181.  Right  of  way  granted  to  said  companies  on  Madison 
street,  on  certain  conditions.]  § 1.  That  the  Springfield  and 
Illinois  Southeastern  Railway  Company,  the  Gilman,  Clinton 
and  Springfield  Kailroad  Company,  and  the  Springfield  and 
Northwestern  Kailroad  Company  are  hereby  granted  the  right 
of  way  in  and  upon  Madison  street,  from  the  east  line  of  Thir- 
teenth street  west  through  said  city,  and  through  that  part 
lying  east  of  Fifteenth  street  to  East  Grand  avenue,  upon  a 
single  track,  in  the  center  of  said  street,  together  with  such  side 


RAILROADS. 


697 


tracks  as  may  be  necessary  for  the  successful  operation  of  said 
railroads,  subject  to  the  following  conditions: 

1182.  Companies  not  released  from  liability  to  property 

holders  by  reason  of  location  and  operation  of  road.]  § 2. 

That  the  said  railroad  companies  are  not,  by  this  ordinance, 
released  from  any  liabilities  to  property  holders  on  said  street, 
or  for  any  damage  that  may  hereafter  be  assessed  by  reason  of 
locating  and  operating  the  road  on  said  street. 

1183.  Springfield  and  Illinois  Southeastern  Company  to 

abandon  its  line  on  South  Grand  Avenue,  etc.]  § 3.  That 

the  Springfield  and  Illinois  Southeastern  Railway  Company 
abandon  their  present  line  on  South  Grand  avenue,  and  re- 
move their  track  from  said  avenue.  Said  railroad  company 
shall  level  and  grade  said  avenue  where  their  track  is  now  lo- 
cated, so  as  to  leave  said  avenue  in  as  good  condition  for  street 
purposes  as  it  was  before  said  company  took  possession  of  it. 

1184.  No  depot  or  side  track  between  Sixth  and  Third 

streets,  without  permission  of  council.]  § 4.  That  no  depot, 
either  freight  or  passenger,  shall  be  contructed,  or  side  track 
laid,  between  the  west  side  of  Sixth  street  and  the  east  side  of 
Third  street,  on  said  Madison  street,  except  by  special  permission 
from  the  city  council. 

1185.  Companies  not  to  erect  buildings  or  other  obstructions 
on  Madison  street.]  § 5.  That  said  companies  shall  not 
erect  any  buildings,  fences,  or  other  obstructions  within  or  upon 
the  limits  of  said  Madison  street. 

1186.  To  grade,  level  and  bridge  street  on  both  sides  of 
the  track,  so  as  to  be  passable  for  teams,  etc.]  § 6.  That 
said  companies  shall  so  grade,  level  and  bridge  said  street  on 
both  sides  of  their  track,  so  as  to  be  conveniently  passable 
for  teams  and  carriages,  as  well  as  on  both  sides  of  each  street 
or  alley  said  track  may  cross,  and  they  shall  always  keep  the 
same  in  a good  passable  condition. 

1187.  To  construct  and  keep  in  repair  crossings,  culverts 
and  ditches.]  § 7.  That  said  companies  shall  construct  and 
keep  in  repair,  suitable  crossings  for  foot  passengers.  Also 
culverts  and  ditches  for  the  complete  drainage  of  said  street. 


—24 


SPECIAL  ORDINANCES  OF  CITY. 


6D8 


1188.  Locomotives  and  cars  not  to  move  at  a greater  speed 
than  six  miles  an  hour.]  § 8.  That  the  locomotives,  cars,  or 
other  rollling  stock  of  said  companies,  shall  not  move  within 
the  city  limits  at  a greater  rate  of  speed  than  six  miles  per  hour. 

1189.  Grading  and  construction  of  culverts  to  be  done  under 
the  direction  of  city  engineer.]  § 9.  That  the  grade  of  said 
railroad  through  said  city  shall  be  established,  and  the  con- 
struction of  culverts,  ditches,  and  whatsoever  else  may  be  nec- 
essary for  the  complete  drainage  of  said  street,  shall  be  done 
and  performed  only  with  the  consent  of  the  city  council,  and 
under  the  direction  of  the  city  engineer. 

1190.  The  ties  of  track  to  be  bedded  even  with  the  surface 
grade  of  Madison  street.]  § 10.  That  said  railroad  companies 
shall  so  construct  and  lay  said  track,  and  so  bed  the  ties  of 
said  roads  that  the  top  of  the  ties  of  said  track  shall  always  be 
level  with  the  surface  grade  of  said  Madison  street,  and  of  all 
the  streets  and  alleys  now  intersecting  or  hereafter  to  intersect 
with  said  Madison  street. 

1191.  Locomotives  and  cars  not  to  obstruct  street  or  alley 
crossings  longer  than  five  minutes.]  § 11.  That  said  rail- 
road companies  shall  not  allow  any  locomotive,  cars,  or  rolling 
stock  belonging  to  them,  or  either  of  them,  or  any  other  sub- 
stance or  thing,  whatever,  to  obstruct  any  street  or  alley  cross- 
ing more  than  five  (5)  minutes  at  any  one  time,  under  such 
penalties  as  the  city  council  may  prescribe  by  ordinance.  [Sec- 
tion 12  repealed  September  12,  1884. 

1192.  Single  track  only  on  Madison  street,  except  at  certain 
places — roadway  on  both  sides  of  street  18  feet  wide,  except, 
etc.]  § 13.  That  nothing  in  this  ordinance  contained  shall 
be  construed  as  to  give  said  railroad  companies,  or  either  of 
them,  any  right  to  construct  more  than  a single  track  on  said 
Madison  street,  except  between  the  west  side  of  Sixth  street 
and  the  west  side  of  Tenth  street  ; and  between  the  west  side 
of  Sixth  street  and  the  west  side  of  Tenth  street,  said  rail- 
road companies  shall  always  leave  a roadway  on  Madison  street, 
of  at  least  eighteen  (18)  feet  in  width  on  both  sides  of  any 
track  or  tracks  they  or  either  of  them  shall  lay  down  on  said 
street,  except  in  front  of  any  freight  or  passenger  depots  of 


RAILROADS. 


699 


said  railroad  companies,  or  either  of  them,  there  shall  be  a 
i^adway  of  sufficient  width  for  the  passage  and  re-passage  of 
vehicles. 

1193.  Before  said  companies  lay  down  track  under  ordi- 
nance, they  shall  procure  right  of  way  from  13th  to  15th  street, 
and  dedicate  for  street  purposes.]  § 14.  That  before  said 
railroad  companies,  or  either  of  them,  shall  lay  down  their 
track  on  said  Madison  street,  the  said  railroad  companies  or  any 
one  or  more  of  them  desiring  to  lay  down  their  track  under 
the  provisions  of  this  ordinance,  shall  procure  the  right  of  way 
on  said  street  from  Thirteenth  street  directly  east  to  Fifteenth 
street,  or  give  bond  and  security  to  the  satisfaction  of  the  mayor 
and  city  council,  that  they  will  procure  the  right  of  way  be- 
tween Thirteenth  and  Fifteenth  streets,  under  any  law  now  in 

, force,  or  hereafter  to  be  enforced,  in  relation  to  the  right  of 
way  of  the  same  width  of  Madison  street  west  of  said  streets, 
and  will  dedicate  to  the  city,  for  a street,  so  much,  of  the  track, 
so  condemned  or  procured,  as  shall  not  be  needed  for  the  pur- 
poses of  said  road  or. roads,  for  a single  track. 

1194.  Companies  not  to  be  released  from  payment  of  dam- 
ages to  property.]  § 15.  That  nothing  herein  contained  shall 
be  so  construed  as  to  release  said  railroad  companies  from  the 
payment  of  any  damages  by  the  reason  of  the  taking  or  im- 
pairing of  any  property  of  the  city  of  Springfield. 

1195.  Companies  subject  to  all  ordinances  in  force,  or  that 
may  be  hereafter  passed,  relating  to  railroads.]  § 16.  That 
in  addition  to  the  restrictions  herein  contained,  said  railroad 
companies  shall  be  subject  to  all  ordinances  now  in  force,  or 
hereafter  to  be  passed  in  relation  to  railroads,  not  inconsistent 
with  the  constitution  or  laws  of  the  State  of  Illinois. 

1196.  The  companies  to  pay  or  secure  to  property  holders 
any  damages  that  may  be  assessed  by  reason  of  taking  or 
damaging  property.]  § 17.  Provided , before  said  railroad 
companies,  or  either  of  them,  shall  lay  down  any  track  on  said 
Madison  street,  said  companies,  or  any  one  laying  down  the 
same,  shall  pay  or  tender  to  the  owners,  or  secure,  to  the  satisfac- 
tion of  the  mayor  of  the  city  of  Springfield,  the  payment  of 
all  damages  to  property  holders  along  said  street,  assessed  or  to 


700 


SPECIAL  ORDINANCES  OF  CITY. 


be  assessed  by  the  proper  tribunals,  by  reason  of  the  taking  or 
damaging  of  any  such  property  by  said  railroad,  or  cither  of 
them. 


An  Ordinance  amendatory  to  an  ordinance,  entitled  "An  ordinance  granting 
the  right  of  way  to  the  Springfield  and  Illinois  Southeastern  Railroad  Com- 
pany, the  Gilman,  Clinton  and  Springfield  Railway  Company,  and  the 
Springfield  and  Northwestern  Railway  Company.  [Passed  August  14,  1871. 
Approved  August  15,  1871.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1197.  Ordinance  of  March  11,  1871,  so  altered  that  the 
conditions  therein  shall  only  be  applicable  to  the  Springfield 
and  Illinois  Southeastern  Railway  Company.]  § 1.  That  sec- 
tions first  and  third  of  an  ordinance  passed  by  the  city  council 
of  the  city  of  Springfield,  on  the  11th  day  of  March,  1871,  and 
approved  by  the  mayor  of  said  city,  on  said  day,  and  entitled 
“An  ordinance  granting  the  right  of  way  to  the  Springfield 
and  Illinois  Southeastern  Railway  Company,  Gilman,  Clinton 
and  Springfield  Railway  Company,  and  the  Springfield  and 
Northwestern  Railway  Company,”  be  and  the  same  is  hereby 
so  altered  and  modified  that  the  condition  in  said  sections 
shall  only  be  applicable  to  the  Springfield  and  Illinois  South- 
eastern Railway  Company,  and  the  rights  conferred  upon  the 
other  two  companies  by  section  first  of  said  ordinance,  shall  not 
depend  upon  the  condition  imposed  on  the  said  Springfield  and 
Illinois  Southeastern  Railway  Company,  by  section  third  of  said 
ordinance,  but  said  condition  in  said  section  three,  in  said  ordi- 
nance, shall  remain  in  full  force  as  to  the  last  named  company. 


An  Ordinance  amendatory  of  an  ordinance  entitled,  "An  ordinance  granting 
the  right  of  w>ay  to  the  Springfield  and  Illinois  Southeastern  Railway  Com- 
pany, the  Gilman,  Clinton  and  Springfield  Railway  Company,  and  the 
Springfield  and  Northwestern  Railway  Company,  so  as  to  allow  the  location 
of  the  passenger  depots  of  said  railroads  between  Fifth  and  Sixth  streets. 
[Passed  September  5,  1871.  Approved  September  5,  1871.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1198.  Permission  to  construct  and  use  passenger  depot  on 
Madison  street.]  § 1.  That  the  special  permission  of  the 
city  council  is  hereby  given  to  the  Springfield  and  Illinois 
Southeastern  Railway  Company,  the  Gilman,  Clinton  and 
Springfield  Railroad  Company,  and  the  Springfield  and  North- 


RAILROADS. 


701 


western  Railroad  Company,  jointly,  or  to  any  one  or  more  of 
them,  to  construct  and  operate  a passenger  depot  between  Fifth 
and  Sixth  streets  of  said  city,  for  the  nse  of  said  railroad  or 
railroads,  on  Madison  street,  and  to  lay  down  and  nse  one  side 
track  only  for  that  purpose,  anything  in  any  former  ordinance 
to  the  contrary  notwithstanding : Provided , that  such  side 

track,  and  the  main  track  for  the  full  length  of  such  side  track, 
shall  be  planked  the  full  width  of  the  tracks  with  three-inch 
plank,  with  an  eight-inch  plank  of  three  inches  thickness  on 
the  outside  of  the  rails. 

1199.  Signals — penalty.]  § 2.  All  signals  on  Madison 

street,  between  the  east  side  of  Third  street  and  west  side  of 
Tenth  street,  shall  be  made  by  bell  only;  and  any  engineer,  fire- 
man, or  other  employe  or  officer  of  either  of  said  roads,  sound- 
ing a whistle  within  the  above  named  limits,  shall  be  liable  to 
a fine  of  fifty  ($50)  dollars  for  each  and -every  such  offense. 

1200.  When  in  force.]  § 3.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

THE  SPRINGFIELD  AND  ILLINOIS  SOUTHEASTERN  AND  SPRING- 
FIELD  AND  ST.  LOUIS  RAILROAD  COMPANIES. 

An  Ordinance  granting  the  right  of  way  to  the  Springfield  and  Illinois  South- 
eastern Railway  Company,  and  the  Springfield  and  St.  Louis  Railroad  Com- 
pany, to  a part  of  East  Grand  Avenue.  [Passed  February  6,  1872.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1201.  Right  of  way  on  East  Grand  Avenue  from  the 
southern  end  thereof  to  north  side  of  Madison  street.]  § 1. 

The  Springfield  and  Illinois  Southeastern  Railroad  Company, 
and  the  Springfield  and  St.  Louis  Railroad  Company,  are  hereby 
granted  the  right  of  way  over  and  upon  the  center  line  of  East 
Grand  avenue,  in  said  city  of  Springfield,  except  at  the  corners 
near  South  Grand  avenue  and  Madison  street,  at  which  points 
said  companies  are  granted  the  use  of  such  portions  of  said 
avenue  as  may  be  necessary  to  make  the  proper  curves  to  and 
from  said  avenue  from  the  southern  end  thereof,  up  to  the  north 
side  of  Madison  street,  where  said  Madison  street  intersects 
said  avenue;  and  the  said  railway  companies  are  hereby  au- 
thorized to  construct,  maintain  and  operate  a single  track  for 


SPECIAL  ORDINANCES  OF  CITY. 


702 

the*  use  of  both  railways  over  and  upon  the  parts  of  said  avenue, 
hereby  granted  upon  the  following  conditions : 

1202.  The  railroad  companies  not  released  from  any  legal 
liability  to  property  owners.]  § 2.  That  said  railway  com- 
panies are  not  by  this  ordinance  released  from  any  legal  lia- 
bility to  property  owners  on  said  avenue,  or  from  any  damages 
which  may  be  legally  incident  to  said  property  owners  by  reason 
of  the  occupancy  of  said  avenue  under  this  ordinance. 

1203.  Upon  completion  of  track  on  East  Grand  Avenue,  the 
Springfield  and  Illinois  Southeastern  Company  to  abandon  line 
on  South  Grand  Avenue.]  § 3.  Upon  the  completion  of  the 
track  of  said  railway  companies  upon  said  E'ast  Grand  avenue 
as  herein  authorized,  the  said  Springfield  and  Illinois  South- 
eastern Kailway  Company  shall  abandon  their  present  line  of 
track  on  South  Grand  avenue,  from  where  they  leave  said  last 
named  avenue,  and  remove  their  present  track  therefrom,  and 
they  shall  level  and  grade  said  avenue  where  their  track  is  now 
built,  so  as  to  leave  the  said  avenue  in  as  good  condition  for 
street  purposes  as  it  was  before  said  company  laid  their  track 
thereon. 

1204.  Locomotives  and  cars  not  to  move  faster  in  city  than 
authorized  by  ordinance.]  § 4.  That  the  locomotives,  cars,  or 
other  rolling  stock  of  said  companies  shall  not  move  within 
the  city  limits  at  a greater  rate  of  speed  than  is,  or  may  be,  pre- 
scribed by  the  ordinances  of  said  city. 

1205.  To  level  and  plank  road  at  crossing  of  any  public 
highway,  etc.]  § 5.  That  when  any  public  highway  crosses 
said  East  Grand  avenue,  and  said  highway,  or  the  line  thereof, 
shall  be  crossed  by  the  line  of  said  railway  companies,  the  said 
companies  shall  so  level  and  place  the  ties  of  their  said  road 
and  plank  the  same,  so  as  to  afford  an  easy  and  safe  crossing  of 
their  said  railroad  track,  by  ordinary  vehicles,  and  shall  for- 
ever maintain  and  keep  such  crossing  in  repair. 

1206.  Subject  to  all  ordinances  in  force,  or  hereafter  to  be 
passed.]  § 6.  That  in  addition  to  the  restrictions  herein  con- 
tained, said  railway  companies  shall  be  subject  to  all  ordi- 
nances now  in  force,  or  hereafter  to  be  enacted  in  relation  to 
the  running  of  railroads,  by  the  city  council  of  said  cily,  and 


RAILROADS. 


703 


which  are  not  inconsistent  with  the  constitution  and  laws  of 
the  State  of  Illinois. 

1207.  Companies  to  file  acceptance  of  ordinance  within 
thirty  days.]  § 7.  The  said  Springfield  and  Illinois  South- 
eastern Railroad  Company,  and  said  Springfield  and  St.  Louis 
Railroad  Company,  or  either  of  them,  shall,  within  thirty  days 
from  the  passage  of  this  ordinance,  file  with  the  city  clerk  a writ- 
ten acceptance  of  the  same,  and  a failure  to  file  said  acceptance 
as  above  directed  shall  render  this  ordinance  void  and  of  no  force 
or  effect. 

1208.  Whenever  required  by  the  council,  shall  erect  and 
maintain  crossings.]  § 8.  That  whenever  the  growth  of  the 
city  shall,  in  the  judgment  of  the  city  council,  render  crossings 
for  pedestrians  necessary  across  the  track  of  said  companies,  on 
East  Grand  avenue,  said  companies  shall  erect  and  forever  main- 
tain such  crossings. 

Acceptance  by  railway  company  of  the  foregoing  ordinance. 

Springfield,  III.,  Feb.  10,  1872. 

To  the  Mayor  and  City  Council  of  the  City  of  Springfield: 

Gentlemen — You  are  hereby  notified  that  the  Springfield  and  Illinois  South- 
eastern Railway  Company  accepts  the  ordinance  passed  by  your  honorable  body 
on  the  evening  of  February  6,  1872,  granting  the  said  railway  company  the  right  of 
way  on  East  Grand  Avenue  in  said  city,  from  its  southern  end  to  Madison  street, 
and  they  will  proceed  to  construct  their  road  thereon,  in  accordance  with  the  terms 
of  said  grant,  as  soon  as  the  arrangements  necessary  to  that  end  can  be  made;  and 
that  they  will  comply  with  the  provisions  of  said  ordinance. 

Very  respectfully  yours,  etc., 

The  Springfield  and  Illinois  Southeastern  R.  W.  Co. 

By  Orlando  Smith, 

General  Superintendent. 


An  Ordinance  amending  an  ordinance  passed  February  6,  1872,  granting  to  the 
Springfield  and  Illinois  Southeastern  Railway  Company,  and  the  Springfield 
and  St.  Louis  Railroad  Company,  a right  of  way  to  a part  of  East  Grand  Ave- 
nue. tossed  March  5,  1872.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1209.  Right  of  way  on  East  Grand  Avenue  amended.] 

§ 1.  That  the  first  section  of  the  ordinance  above  named  be, 
and  the  same  is  hereby,  so  amended  that  the' said  railway  com- 
panies and  either  of  them,  are  and  shall  be  authorized  to  lay 
down  their  railroad  track,  and  maintain  and  operate  the  said 


704 


SPECIAL  ORDINANCES  OF  CITY. 


railways  over  and  upon  said  track,  over  and  upon  any  part  of 
East  Grand  avenue  not  less  than  twenty  (20)  feet  from  the  east 
line  thereof;  subject  to  all  the  other  provisions,  restrictions  and 
limitations  in  said  original  ordinance  above  named,  provided 
and  contained.  This  amendment  is  ganted  upon  the  express 
condition  that  the  city  shall  have  the  same  right  to  tax  the  road- 
bed as  in  the  oringinal  ordinance. 

1210.  In  force  from  passage.]  § 2.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


An  Ordinance  granting  to  the  Chicago,  St.  Louis  and  Peoria  Railway  Com- 
pany, its  successors  and  assigns,  the  right  to  cross  North  Grand  Avenue, 
Lincoln  street,  Matheny  and  Moffitt  avenues,  Miller,  Carpenter,  Reynolds, 
Mason,  Fifteenth  and  Madison  streets,  and  also  Reservoir,  Division  and 
Enterprise  streets,  in  case  the  same  shall  hereafter  be  produced  across  the  right 
of  way  of  said  railway  company  in  the  city  of  Springfield,  Illinois.  [Passed 
December5,  1890.  Approved  December  8,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1211.  Right  granted  to  build  track  across  certain  streets.] 

§ 1.  That  the  right  is  hereby  granted  to  the  Chicago,  Peoria 
and  St.  Louis  Railway  Company,  its  successors  and  assigns,  to 
build,  construct,  use,  own  and  operate  its  lines  of  railway  across 
the  following  named  streets  and  avenues  in  the  city  of  Spring- 
field,  to-wit:  North  Grand  avenue,  Lincoln  street,  Matheny 

and  Moffitt  avenues.  Miller,  Carpenter,  Re}-nolds,  Mason,  Madi- 
son streets,  at  or  near  the  line  of  Fifteenth  street,  and  Fif- 
teenth street  near  Madison,  and  Reservoir,  Division  and  Enter- 
prise streets  in  case  the  same  shall  hereafter  be  produced  across 
the  right  of  way  of  said  railway  company  upon  conditions  in  sec- 
tions number  two,  three  and  four  of  this  ordinance. 

1212.  Railway  Company  to  build  and  maintain  street  cross- 
ings.]  § 2.  The  right  of  way  granted  in  section  one,  of  this 
ordinance,  upon  the  following  expressed  conditions,  to-wit : 
The  Chicago,  Peoria  and  St.  Louis  Railway  Company,  its  suc- 
cessors and  assigns,  shall  build,  construct,  and  thereafter  main- 
tain all  the  necessary  approaches  to  the  crossings  of  said  railway 
of  the  several  streets  and  avenues  hereinbefore  mentioned,  and 
shall  keep  the  same  in  good  condition  and  repair,  and  shall 
construct  and  thereafter  maintain  all  of  the  street  crossings 
whereon  said  railway  shall  cross  either  of  said  streets  or  avenues. 


RAILROADS. 


705 


1213.  In  case  city  shall  open  certain  streets,  the  railway 
company  shall  not  object.]  § 3.  The  privileges  granted  by 
this  ordinance  are  upon  the  express  condition  that  should  the 
city  at  any  future  time  desire  to  open  for  public  use,  Reservoir, 
Division,  Enterprise  or  Lincoln  streets,  across  the  right  of  way 
or  property  of  said  railway  company,  which  it  now  owns  or 
may  hereafter  acquire,  then  the  said  company  shall  consent 
to  the  same  without  further  compensation,  and  within  ten  days 
after  notice  in  writing  from  the  city  of  its  intention  to  open  said 
streets,  or  any  of  them,  shall  open  such  portion  of  its  property 
as  may  be  crossed  by  said  streets  to  the  public,  and  shall  permit 
the  city  to  enter  upon  the  same  for  all  the  purposes  of  a public 
street.  The  right  granted  by  this  ordinance,  shall  be  accepted 
by  said  company  in  full  satisfaction  of  all  compensation  or 
damages  which  it  otherwise  might  claim  for  the  opening  of  said 
streets. 

1214.  Claims  for  damages  to  property  shall  be  settled,  by 
arbitration.]  § 4.  In  case  any  person  owning  property  shall 
feel  that  his  property  is  damaged  by  the  proximity  of  said  rail- 
way, and  is  unable  to  make  a satisfactory  settlement  with  the 
officers  of  said  railway,  he  may  notify  the  mayor  of  this  city 
of  the  amount  of  his  damage  and  of  his  inability  to  make  a 
settlement,  and  thereupon  the  mayor  shall  notify  any  legal 
representative  of  said  railway  company,  and  such  railway  com- 
pany shall  appoint  one  person  as  representative  of  said  com- 
pany. The  city  council  shall  select  one,  and  these  two  shall 
select  a third  person,  and  these  three  shall  constitute  a board  of 
arbitration,  who  shall  have  the  power  to  decide  as  to  the  amount 
of  damages  to  which  the  owner  of  said  property  is  entitled;  and 
the  decision  of  such  board  of  arbitration,  if  accepted  by  the 
said  property  owner,  shall  be  binding  upon  said  railway  com- 
pany. And  the  said  board  of  arbitration  shall  notify  the  mayor 
of  their  decision,  and  the  mayor  shall  thereupon  demand  of  said 
railway  company  the  fulfilment  of  the  award  of  said  board  of 
arbitration;  and  if  the  said  railway  company,  after  sixty  days’ 
notice,  shall  fail  or  refuse  to  pay  to  such  property  owner,  the 
amount  of  damages  so  awarded,  the  right  acquired  under  this 
ordinance  shall  be  thereby  forfeited,  and  the  mayor  shall  make 
proclamation  of  such  fact,  and  thereafter  it  shall  be  unlawful 


706 


SPECIAL  ORDINANCES  OF  CITY. 


for  said  railway  company,  its  successors  and  assigns,  to  exercise 
any  of  the  rights  granted  in  this  ordinance. 

1215.  When  in  force.]  § 5.  This  ordinance  shall  take 

effect  and  be  in  force  from  and  after  its  passage. 


Acceptance. 

Jacksonville,  III.,  Dec.  10,  1890. 
Hon.  Chas.  E.  Hay,  Mayor  of  Springfield,  Illinois: 

Dear  Sir— I have  this  day  received  copy  of  the  ordinance  passed  at  a meet- 
ing of  the  city  council  of  the  city  of  Springfield,  on  Dec.  5,  1890,  granting  the 
Chicago,  Peoria  and  St.  Louis  Railway,  its  successors  and  assigns,  the  right  to 
build,  construct,  use,  own  and  operate  its  line  of  railway  across  the  following 
named  streets  and  avenues  in  the  city  of  Springfield,  to-wit:  North  Grand 
avenue,  Lincoln  street,  Matheny  and  MofFatt  avenues,  Miller,  Carpenter,  Rey- 
nolds, Mason,  Fifteenth  and  Madison  streets,  Reservoir,  Division  and  Enter- 
prise streets,  in  case  the  same  shall  hereafter  be  produced,  across  the  right  of  way 
of  said  company,  and  I hereby  accept  this  ordinance  as  granted,  and  ask  that  this 
be  placed  on  file  as  this  company’s  acceptance  of  the  ordinance  and  conditions 
contained  therein. 

Wm.  S.  Hook,  President. 

Marcus  Hook,  Secretary. 


ILLINOIS  CENTRAL  RAILROAD  COMPANY. 

An  Ordinance  in  relation  to  the  Illinois  Central  Railroad  Company.  [Passed 

February  25,  1878.  Approved  February  28,  1878.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1216.  Right  of  way  given  to  cross  Seventh  and  Eighth 
streets  with  two  side-tracks.  § 1.  That  permission  is  hereby, 
upon  the  conditions  and  for  the  considerations  hereinafter  men- 
tioned, granted  the  Illinois  Central  Railroad  Company  to 
cross  Seventh  and  Eighth  streets  with  two  side-tracks,  as  fol- 
lows: First,  a track  diverging  northwesterly  from  the  main 

track  of  said  company  on  Madison  street,  at  a point  not  more 
than  two  hundred  and  forty  feet  east  from  east  line  of  Eighth 
street,  crossing  said  street  at  a point  about  forty  feet  north  of 
the  intersection  of  center  lines  of  Eighth  and  Madison  streets, 
thence  across  the  south  half  of  block  six  of  J.  and  E.  Mitchell’s 
addition,  and  lots  three  and  four  of  block  one  of  Mitchell’s 
addition  to  the  city  of  Springfield,  Illinois,  crossing  Seventh 
street  at  a point  about  one  hundred  and  twenty-five  feet  north 
of  the  intersection  of  center  lines  of  Seventh  and  Madison 
streets.  Also  a second  track  diverging  from  last  mentioned 
track  at  a point  west  of  and  near  the  west  line  of  Eighth  street, 


RAILROADS. 


707 


crossing  the  south  half  of  block  six  and  lots  three  and  four  of 
block  one,  above  described  and  crossing  Seventh  street  at  a point 
north  of  the  aforesaid  track ; but  the  north  end  of  the  ties  of  the 
north  track  shall  at  no  point  approach  nearer  than  ten  feet  to 
the  south  line  of  the  first  alley  north. 

1217.  Company  to  lay  and  maintain  plank  pavement  on 
7th  and  8th  streets  between  the  lines  of  their  track — to  allow 
no  stock  cars  to  be  loaded  or  unloaded  on  said  side-tracks — to 
make  and  keep  in  repair  sidewalks  in  front  of  their  property, 
etc.]  § 2.  The  permission  to  cross  said  streets  is  given  in 
consideration  of  and  upon  the  express  condition,  that  said  Illi- 
nois Central  Railroad  Company  shall  make  and  maintain,  at 
their  own  cost,  a plank  pavement  on  Seventh  and  Eighth  streets, 
from  the  south  line  of  Madison  street  to  a point  not  less  than 
forty  feet  north  of  their  most  northern  track,  said  pavement 
east  and  west  to  extend  the  whole  width  of  said  Seventh  and 
Eighth  streets  from  sidewalk  to  sidewalk;  and  shall,  in  con- 
structing and  repairing  said  tracks,  conform  to  the  grade  of 
said  streets,  and  shall  allow  no  cars  loaded  with  live  stock  to 
stand,  or  be  loaded  or  unloaded  on  said  track;  and  that  wher- 
ever the  north  rail  of  the  aforesaid  tracks  shall  approach  within 
twenty  feet  of  the  nearest  line  of  the  sidewalk  on  Madison 
street,  the  said  railroad  company  shall  acquire  the  title  to  the 
property  fronting  thereon,  unless  the  owners  thereof  shall  waive 
all  objection  to  the  building  of  said  tracks.  The  said  railroad 
company  shall  also  make,  and  at  all  times  keep  in  repair  and 
unobstructed,  sidewalks,  in  accordance  with  the  ordinances  in 
relation  thereto,  adjoining  all  property  owned  or  used  by  said 
railroad  company.  And,  in  addition  to  the  restrictions  and 
requirements  aforesaid,  the  said  railroad  company  shall  be  bound 
by  all  the  restrictions,  requirements  and  provisions  of  an  ordi- 
nance of  the  city  council  of  the  city  of  Springfield,  entitled 
“An  ordinance  granting  the  right  of  way  to  the  Springfield 
and  Illinois  Southeastern  Railway  Company,  Gilman,  Clinton 
and  Springfield  Railway  Company,  and  Springfield  and  North- 
western Railway  Company,”  passed  March  11,  1871,  and  the 
general  ordinances  that  are  or  may  be  passed  in  relation  to 
railroads. 


708 


SPECIAL  ORDINANCES  OF  CITY. 


1218.  Penalty  for  neglect  or  refusal  by  said  company  to 
comply  with  provisions  of  ordinance.]  § 3.  If  the  aforesaid 

Illinois  Central  Railroad  Company,  having  availed  itself  of  the 
permission  granted  by  this  ordinance,  shall  neglect  or  refuse  to 
comply  with  any  of  the  requirements  or  restrictions  or  pro- 
visions of  this  ordinance,  or  any  of  the  ordinances  before  men- 
tioned, shall,  for  every  such  neglect  or  refusal,  be  subject  to  a 
penalty  of  not  less  than  twenty-five  dollars;  and  a recovery 
of  said  penalty  for  any  such  neglect  or  refusal  shall  not  be  a 
bar  to  any  future  prosecution  for  like  neglect  or  refusal. 

1219.  When  in  force.]  § 4.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An^'Ordinance  giving  permission  to  extend  a switch  across  Eighth  street,  near 

Madison.  [Passed  July  1,  1889.  Approved  July  3,  1889.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1220.  Permit  to  extend  switch.]  § 1.  That  permission 
is  hereby  given  to  the  Illinois  Central  Railroad  Company,  to 
extend  a switch  track  from  the  Illinois  Central  yards  on  Eighth 
and  Madison  streets,  east  across  Eighth  street  to  the  property 
just  east  of  Eighth  street. 

1221.  How  track  to  be  laid.]  § 2.  Said  track  shall  be  laid 
within  sixty-five  feet  of  the  north  line  of  Madison  street,  and 
shall  be  laid  in  such  a manner  as  to  be  level  with  the  surface 
of  the  street,  and  the  spaces  between  the  rails  shall  be  planked 
up  level  with  the  tops  of  the  rails,  so  as  not  to  interfere  with 
travel  across  the  same,  and  the  work  shall  be  done  to  the  satis- 
faction of  the  street  and  alley  committee  of  the  city  council  and 
the  superintendent. 

1222.  Subject  to  all  ordinances.]  § 3.  The  Illinois  Cen- 
tral Railroad  Company  shall  be  subject  to  all  ordinances  of 
the  city  of  Springfield,  now  in  force  or  which  may  hereafter 
be  passed  and  in  force,  relating  to  railroads,  and  not  incon- 
sistent with  the  constitution  and  laws  of  the  State  of  Illinois. 

1223.  When  in  force.]  § 4.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


RAILROADS. 


709 


An  Ordinance  granting  permission  to  the  Illinois  Central  Railroad  Company 
to  construct  two  more  side-tracks  across  Chestnut  avenue  between  Madison 
street  and  the  alley  south  of  Madison  street.  [Passed  July  27,  1891.  Approved 
July  29,  1891.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1224.  Permit  to  lay  two  more  side-tracks,  subject  to  certain 
conditions.]  That  permission  is  hereby  given  to  the  Illinois 
Central  Railroad  Company,  in  addition  to  the  side-tracks  and 
switches  now  laid  down  and  used  by  said  company  on  Madison 
street,  between  Fifteenth  street  and  Hickox  street  in  said  city, 
and  across  Chestnut  avenue,  between  Madison  street  and  the 
alley  running  east  and  west  between  Madison  and  Jefferson 
streets  in  said  city,  to  lay  down  and  operate  two  more  side- 
tracks across  Chestnut  avenue,  between  the  said  Madison  street 
and  the  alley  aforesaid;  subject,  however,  to  all  the  conditions 
imposed  on  said  railroad  company  by  an  ordinance  passed  March 
11,  1871,  giving  said  company  the  right  of  way  on  Madison 
street  east  of  Fifteenth  street  to  East  Grand  avenue,  and  sub- 
ject to  the  further  condition  that  said  company  shall  immedi- 
ately, after  the  passage  of  this  ordinance,  grade  and  plank  Chest- 
nut avenue  from  the  north  line  of  said  alley  across  Madison 
street,  and  build  crossings  across  Madison  street  for  the  accom- 
modation of  vehicles  and  foot  passengers,  such  grading  and 
planking  to  be  done  under  the  supervision  of  the  superintend- 
ent of  streets. 


An  Ordinance  granting  the  Illinois  Central  Railroad  Company  permission  to 
build  a switch  in  Madison  street  from  a point  ten  feet  east  of  the  east  line  of 
Fourth  street  to  a point  sixty  feet  west  of  the  west  line  of  Fifth  street,  in  the 
city  of  Springfield,  Illinois.  [Passed  December  6,  1897.  Approved  December 
7,  1897.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1225.  Right  of  way  granted.]  § 1.  That  the  right  is 
hereby  granted  to  the  Illinois  Central  Railroad  Company  to 
build  a switch  in  Madison  street  from  a point  ten  feet  east  of 
the  east  line  of  Fourth  street  to  a point  sixty  feet  west  of  the 
west  line  of  Fifth  street,  said  switch  to  be  laid  so  that  the  north 
rail  shall  not  be  more  than  two  feet  south  of  the  north  curb 
of  Madison  street  and  as  near  as  practicable  to  the  north  curb 
line  of  said  Madison  street. 


710 


SPECIAL  ORDINANCES  OF  CITY. 


1226.  Company  to  level  and  plank  crossing  and  keep  same 
in  repair.]  § 2.  The  said  railroad  company  shall  so  level  and 
plank  the  switch  as  to  afford  an  easy  and  safe  crossing  of  the 
track  by  ordinary  vehicles,  and  shall  forever  maintain  and  keep 
such  planking  in  repair. 

1227.  Switch  to  be  used  only  for  purposes  herein  intended.] 

§ 3.  The  above  permission  is  granted  with  the  understanding 
that  it  is  to  be  used  for  no  other  purpose  except  for  the  loading 
and  unloading  of  engines  and  other  machinery  for  the  Ide 
engine  works,  and  in  case  the  works  are  removed  the  tracks  are 
to  be  torn  up  and  the  street  regraded  and  placed  in  good  condi- 
tion for  travel. 

1228.  Track  to  be  laid  under  supervision  of  city  engineer.] 

§ 4.  The  said  railroad  company  shall  lay  said  track  under  the 
supervision  of  the  city  engineer  and  street  and  alley  committee. 

1229.  Cars  not  to  remain  on  switch  more  than  six  hours.] 

§ 5.  The  right  is  granted  with  the  understanding  that  the 
uses  of  said  track,  shall  not  allow  a car  to  remain  on  said  switch 
more  than  six  hours  at  any  one  time. 

1230.  When  in  force.]  § 6.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  and  approval 
by  the  mayor. 

An  Ordinance  in  relation  to  side-track  in  Madison  street.  [Passed  September 

19,  1898.  Approved  September  19,  1898.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1231.  Permission  to  lay  track.]  § 1.  That  permission  be 

and  the  same  is  hereby  granted  to  the  Illinois  Central  Rail- 
road Company  to  locate,  construct,  and  forever  hereafter  main- 
tain and  operate  with  steam  or  other  power  in  use  in  railroad- 
ing a railroad  siding,  consisting  of  a track  upon  the  following 
route  in  the  city  of  Springfield:  Beginning  at  a switch  in 

the  existing  side-track  at  a point  one  foot  west  of  the  west  line 
of  Eighth  street  and  about  twenty-three  feet  south  of  the  north 
line  of  Madison  street,  thence  westwardly  one  hundred  and 
fifty  feet  to  a point  which  is  eleven  feet  south  of  the  north  line 
of  Madison  street,  thence  west  parallel  with  the  north  line  of 
Madison  street  and  eleven  feet  south  of  the  north  line  thereof, 


RAILROADS. 


711 


to  the  east  line  of  Sixth  street,  and  the  said  side-track  already 
constructed  in  Madison  street  just  south  of  said  proposed  side- 
track may  be  moved  and  adjusted  so  that  its  center  line  shall 
be  seventeen  feet  distance  from  and  north  of  the  center  line 
of  the  main  track  in  said  street. 

1232.  Permission  to  construct  platform.]  § 2.  That  per- 
mission be  and  the  same  is  hereby  granted  to  the  Illinois  Cen- 
tral Eailroad  Company  to  construct  a platform  in  Madison 
street  in  part  on  its  own  land  adjacent  thereto  and  along,  the 
north  side  thereof  not  less  than  eight  feet  in  width,  and  of  such 
h eighth  that  the  top  will  be  level  with  the  floor  of  freight  cars, 
when  standing  on  the  tracks  adjacent  thereto,  extending  (in- 
cluding steps)  from  Sixth  street  to  Seventh  street,  for  a freight 
platform  with  steps  at  each  end  thereof,  so  it  can  be  used  for 
sidewalk  purposes,  and  to  maintain  the  same  forever  at  the  en- 
tire cost  and  expense  of  said  railroad  company;  the  south  edge 
of  the  said  platform  to  be  five  and  one-half  feet  north  of  the 
said  north  side  track. 

1233.  To  indemnify  city  for  damages.]  § 3.  The  permis- 
sion and  authority  hereby  granted  to  the  said  Illinois  Central 
Eailroad  Company  are  granted  upon  the  express  condition  that 
said  company,  its  successors  and  assigns,  shall  forever  indem- 
nify and  hold  harmless  the  city  of  Springfield  against  and 
from  every  and  all  damages,  judgments,  and  decrees  (together 
with  the  cost  and  expense  thereof  which  it  may  suffer,  or  which 
may  be  obtained  against  said  city  by  reason  of  the  granting  of 
said  permission  and  authority  or  by  reason  of  the  exercise  by 
said  railroad  company  or  its  successors  or  assigns,  of  the  said 
privileges  so  granted. 

1234.  Provision  for  driveway.]  § 4.  A strip  of  ground 
fifteen  feet  in  width  lying  between  the  south  line  of  the  alley 
between  said  Madison  street  and  . Mason  street  in  said  pity  and 
the  center  line  of  the  north  team  track  shown  upon  the  plat 
of  said  proposed  side  tracks,  platform,  freight  house  and  team 
tracks  of  the  said  railroad  improvement  attached  to  this  ordi- 
nance and  made  a part  hereof,  shall  be  left  open  for  the  use 
of  said  railroad  company  and  its  patrons'  in  using  said  team 
tracks  and  for  a driveway  for  the  public  in  connection  with 


712 


SPECIAL  ORDINANCES  OF  CITY. 


said  alley,  and  so  long  as  said  railroad  shall  enjoy  the  privi- 
leges of  this  ordinance  and  will  keep  the  same  as  well  paved 
and  with  same  material  that  the  city  shall  keep  the  said  alley 
paved  with. 

1235.  Sidewalk  to  be  constructed.]  § 5.  Said  railroad 
company  shall  also  construct  a first  class  concrete  sidewalk, 
six  feet  wide,  on  the  proper  city  grade  along  the  west  side  of 
its  said  premises,  on  the  east  side  of  Sixth  street,  from  said 
Madison  street  north  to  the  said  alley,  except  where  its  drive- 
ways to  its  team  tracks  shall  enter  thereon  over  the  sidewalk 
for  crossings,  at  which  the  same  shall  be  constructed  of  pav- 
ing brick  laid  in  the  usual  manner  of  paving  streets  in  said 
city. 

1236.  To  accept  within  thirty  days.]  § 6.  The  said  rail- 
road company  shall  notify  the  city  of  Springfield  of  its  accept- 
ance of  this  ordinance  within  thirty  days  from  and  after  its 
passage. 

1237.  When  in  force.]  § 7.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 

Acceptance. 

Illinois  Central  Railroad  Company, 
President’s  Office. 

Chicago,  October  8,  1898. 

Hon.  L.  E.  Wheeler,  Mayor  City  of  Springfield,  111. : 

Dear  Sir— For  and  on  behalf  of  the  Illinois  Central  Railroad  Company,  the 
ordinance  passed  by  the  city  council  of  the  city  of  Springfield,  Sept.  19,  1898,  and 
approved  by  the  Mayor,  Sept.  27th,  1898,  entitled  “An  ordinance  in  relation  to  a 
side-track  in  Madison  street,  ” is  hereby  accepted. 

May  I ask  that  you  will  be  kind  enough  to  acknowledge  the  receipt  of  this 
letter?  Truly  yours, 

Stuyvesant  Fish, 

President. 


An  Ordinance  in  relation  to  the  extension  of  a switch  track  on  Madison  street 
across  Sixth  street,  of  the  Illinois  Central  Railroad  Company.  [Passed  March 
18,  1901.  Approved  March  21,  1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1238.  Permission  to  extend  switch  track.]  § 1.  That 

permission  is  hereby  granted  to  the  Illinois  Central  Railroad 
Company  to  extend  their  track  known  as  house  track  number 
two  across  Sixth  street  to  a point  one  hundred  feet  west  of  the 


RAILROADS. 


713 


•east  line  of  the  lot  line  of  Sixtli  street,  on  the  south  side  of  the 
Stacy-Herbst  Grocery  Company’s  building.  Said  track  to  be 
laid  according  to  plat  and  grade  of  street  and  blue  print  now 
on  file  in  the  city  engineer’s  office. 

1239.  Company  to  plank  switch.]  § 2.  That  the  con- 
ditions of  this  ordinance  shall  be  that  the  railroad  company 
he  required  to  plank  the  proposed  extension  and  that  the  track 
shall  be  so  laid  so  as  not  to  obstruct  the  flow  of  water  in  the 
street. 

This  ordinance  to  take  effect  and.  be  in  force  from  and  after 
its  passage. 

•OHIO  AND  MISSISSIPPI  RAILWAY  COMPANY — RIGHT  OP  WAY  FOR 
SIDE-TRACK  ON  PART  OF  WEST  MADISON  STREET. 

An  Ordinance  granting  permission  to  the  Ohio  and  Mississippi  Railway  Com- 
pany to  construct,  maintain  and  operate  a side-track  on  the  north  side  of  their 
main  track  in  Madison  street,  from  the  west  line  of  Second  street  to  the  west 
line  of  Rutledge  street.  [Passed  May  16,  1883.  Approved  May  19,  1883.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1240.  The  railway  company  given  permission  to  construct 
and  maintain  side-track  on  Madison  street  from  west  line  of 
Second  to  west  line  of  Rutledge  street.]  § 1.  That  permis- 
sion and  consent  is  hereby  given  to  the  Ohio  and  Mississippi 
Railway  Company  to  construct,  maintain  and  operate  one 
side-track  on  the  north  side  of  their  main  track  in  Madison 
street,  commencing  at  a point  where  said  main  track  crosses 
the  west  line  of  Second  street,  thence  west  along  the  north  side 
of  said  main  track  to  a point  where  said  track  crosses  the  west 
line  of  Rutledge  street;  that  the  distance  from  the  center  line 
of  said  main  track  to  the  center  line  of  said  side-track  shall 
not  exceed  fourteen  feet,  so  that  the  sidewalk  on  the  north 
side  of  said  street  shall  be  twelve  feet  in  width,  and  the  space 
between  the  curbing  of  said  sidewalk  and  the  north  line  of  said 
side-track  shall  not  be  less  than  fourteen  feet. 

1241.  Permission  granted  subject  to  certain,  conditions.] 

§ 2.  The  permission  aforesaid  is  given  and  granted  to  said 
company  subject  to  all  the  conditions  imposed  by  the  ordi- 
nance of  the  city  council  passed  March  11,  1871,  and  the  amend- 
ments thereto,  passed  September  5th  and  December  9th  of  that 


SPECIAL  ORDINANCES  OP  CITY. 


714 


year,  granting  the  right  of  way  to  the  Springfield  and  Illinois 
Southeastern  Hailway  Company  in  and  upon  Madison  street 
(which  said  last  named  company  is  now  known  as,  and  operated 
by,  the  company  hereinbefore  named),  and  subject  also  to  the 
following  conditions: 

First — That  nothing  herein  contained  is  intended  to  release 
the  said  Ohio  and  Mississippi  Hailway  Company  from  any  con- 
ditions heretofore  imposed  by  any  ordinance  relative  to  repair- 
ing streets  on  the  line  of  their  road  in  said  city  of  Springfield. 

Second — That  said  railway  company  shall  lay  a line  of  drain- 
tile  along  the  north  side  of  Madison  street  from  the  west  line 
of  Second  street  to  the  sewer,  opening  on  the  west  line  of  Klein 
street,  at  such  distance  from  the  curbing  on  the  north  side  of 
said  Madison  street  as  the  street  and  alley  committee  of  the 
city  council  may  direct;  the  tile  used  to  be  not  less  than  six 
(6)  inches  in  diameter,  and  the  same  when  laid  to  form,  in  all 
respects,  a suitable  drainage  for  the  north  side  of  said  Madison 
street;  and  said  company  shall  keep  said  drain  in* good  repair. 

Third — That  said  railway  company  shall  make  the  grade  of 
its  main  track  and  side-track  conform  to  the  grade  of  Madison 
street,  in  accordance  with  the  ordinances  now  in  force,  or  which 
may  hereafter  be  in  force,  establishing  the  grade  of  said  Madi- 
son street,  that  said  company  shall  grade  that  portion  of  Madi- 
son street  between  the  west  line  of  Second  street  and  the  west 
line  of  Klein  street  lying  between  the  north  rail  of  said  side- 
track and  the  south  line  of  the  sidewalk  on  the  north  side  of 
Madison  street  up  to  a level  with  the  grade  of  said  main  and 
side-tracks,  using  for  said  purpose  cinders  and  such  other  ma- 
terial as  wTill  make  a good  and  convenient  roadway  for  the  pas- 
sage of  vehicles,  (the  same  to  be  subject  to  the  approval  of  the 
city  council),  and  shall  keep  and  maintain  the  same  in  good 
repair  ; and  said  company  shall  also  keep  in  good  repair  that 
portion  of  Madison  street  on  the  north  side  of  said  side-track, 
and  the  south  line  of  the  sidewalk  on  the  north  side  of  said 
street,  between  the  west  line  of  Klein  street  and  the  west  line  of 
Eutledge  street. 

Fourth — That  said  company  shall  plank  that  portion  of 
Madison  street  south  of  the  north  rail  of  their  main  track  to 


RAILROADS. 


715 

the  south  line  of  said  street  at  the  intersection  with  Second 
street,  the  full  width  of  Second  street,  with  three-inch  boards, 
and  keep  the  same  in  good  repair,  and  shall  keep  their  said 
main  and  side-tracks  on  a level  with  the  surface  of  the  street, 
so  that  such  tracks  may  be  crossed  at  any  place  on  said  Madison 
street;  and  they  shall  make  and  keep  in  repair  proper  and  con- 
venient crossings,  with  necessary  approaches  thereto,  at  the  in- 
tersection of  the  streets  and  alleys  with  said  Madison  street, 
subject  to  the  approval  of  the  city  council. 

Fifth — That  said  company  shall  take  up,  within  sixty  (60) 
days  after  the  passage  of  this  ordinance,  the  side-track  now 
on  the  south  side  of  their  main  track,  between  the  west  line  of 
Third  street  and  the  west  line  of  First  street,  and  shall  plank 
that  portion  of  the  track  leading  from  main  track  to  their  new 
■'“’freight  yard,”  and  that  portion  of  their  track  connecting  with 
the  Chicago  and  Alton  railroad  in  Madison  street,  making  the 
south  side  of  said  Madison  street,  between  Third  and  First 
streets,  a safe  and  convenient  roadway  for  vehicles;  the  same  to 
be  approved  by  the  city  council. 

Sixth — That  in  the  event  that  the  city  council  of  said  city 
shall,  by  ordinance,  order  any  portion  of  Madison  street,  be- 
tween the  west  line  of  Second  street  and  the  west  line  of  Rut- 
ledge street,  to  be  paved,  the  said  railway  company  shall  pave 
that  portion  of  said  Madison  street  between  the  north  rail  of 
said  side-track  and  one  foot  in  width  on  the  north  side  of  said 
north  rail  of  said  side-track  and  the  south  rail  of  said  main  track, 
and  one  foot  in  width  along  the  south  side  of  said  south  rail 
of  said  main  track,  for  such  distance  east  and  west  in  said  Mad- 
ison street,  as  the  said  city  council  may  by  ordinance  direct; 
and  in  the  event  said  company  should  fail  to  pave,  as  provided 
by  ordinance  aforesaid,  the  said  city  council  may  cause  said 
paving  to  be  done  in  pursuance  of  such  ordinance,  and  the  said 
company  and  their  assigns  shall  pay  to  the  city  of  Springfield 
the  sum  expended  for  said  paving,  with  interest,  on  demand, 
and  in  default  thereof,  said  city  may  sue  for  and  collect  the 
same  in  any  court  of  competent  jurisdiction. 

1242.  In  case  of  company  failing  to  comply  with  conditions, 
the  city  council  may  revoke  the  permission  herein  granted,  etc.] 
§ 3.  In  case  the  said  railway  company,  or  their  assigns,  shall 


71C 


SPECIAL  ORDINANCES  OF  CITY. 


at  any  time  fail  or  refuse  to  comply  with  any  of  the  foregoing 
conditions,  the  permission  hereinbefore  given  to  lay  said. side- 
track in  said  Madison  street,  may  be  revoked  and  annulled 
at  the  option  of  said  city  council,  and  the  said  company  shall, 
within  thirty  (30)  days  after  the  service  of  notice  of  such  revo- 
cation, remove  said  side-track  from  said  street,  and  restore 
the  portion  of  said  street  theretofore  occupied  by  said  side-track 
to  the  surface  grade  of  the  remainder  of  the  street,  so  that  the 
same  may  be  conveniently  and  safely  traveled;  and  in  default 
of  such  railway  company,  or  their  assigns,  to  remove  said  side- 
track and  restore  said  street  as  aforesaid,  the  same  may  be  done 
by  the  city  of  Springfield,  and  the  cost  and  expense  thereof  shall 
be  paid  by  said  company,  or  their  assigns,  or  recovered  by  suit, 
in  the  name  of  the  corporation,  before  any  court  of  competent 
jurisdiction. 

1243.  Cars  or  locomotives  not  to  stand  on  side-track,  ex- 
cept when  waiting  for  passage  of  trains  on  main  track.]  § 4. 

No  cars  or  locomotives  shall  be  allowed  to  stand  on  said  side- 
track, except  when  waiting  for  the  passage  of  trains  on  the  main 
track,  and  in  no  event  shall  said  side-track  be  used  for  switch- 
ing off  or  stationing  cars  or  engines  to  remain  for  any  other 
purpose  or  longer  time  than  to  allow  such  trains  to  pass  on 
said  main  track. 

1244.  Further  conditions  and  restrictions.]  § 5.  In  addi- 
tion to  the  conditions  and  restrictions  hereinbefore  set  forth, 
the  said  railroad  company  shall  be  subject  to  all  ordinances  of 
said  city  now  in  force,  or  which  may  hereafter  be  passed  and  in 
force,  relating  to  railroads,  and  not  inconsistent  with  the  Con- 
stitution and  laws  of  the  State  of  Illinois. 

12441/2.  When  ordinance  to  take  effect.]  § 6.  This  ordi- 
nance shall  take  effect  and  be  in  force  from  and  after  its  accept- 
ance by  said  railroad  company,  which  acceptance  shall  be  in 
writing,  and  shall  be  communicated  to  the  city  council  of  said 
city  within  twenty  days  from  the  passage  hereof,  and  be  entered 
upon  the  journal  of  said  council. 


RAILROADS. 


717 


Acceptance  of  the  foregoing  ordinance , by  railway  company : 

Ohio  and  Mississippi  Railway  Co., 
Division  Sup’t’s  Office, 

St.  Louis,  May  19,  1883. 

To  the  Honorable  Mayor  and  City  Council  of  Springfield,  111. : 

In  accordance  with  section  6 of  an  ordinance  passed  and  approved  May  19th, 
giving  permission  for  the  Ohio  and  Mississippi  Railway  Co.  to  lay  a side  trac£  on 
the  north  side  of  its  main  track,  in  Madison  street,  between  Second  and  Rutledge 
streets,  is  hereby  accepted,  subject  to  the  conditions  of  said  ordinance. 

Yours  truly, 

C.  M.  Stanton, 

Div.  Sup’t  Ohio  and  Miss.  R.  R.  Co. 


An  Ordinance  granting  the  Capital  Coal  Company  the  right  to  connect  with 
the  Ohio  and  Mississippi  Railroad  track.  [Passed  July  5,  1887.  Approved 
July  6.  1887.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1245.  Permit  to  connect  switch  with  0.  & M.  R.  R.  track.] 

§ 1.  That  permission  be,  and  is  hereby  given  to  the  Capital 
Coal  Company  to  connect  a 'switch  with  the  track  of  the  Ohio 
and  Mississippi  Railroad,  at  two  points  on  said  railroad  track : 
Provided that  said  connection  shall  be  made  on  the  east  side 
of  said  track,  and  both  connections  shall  be  made  between  Cook 
and  Washington  streets  and  north  of  Edwards  street  to  170 
feet  south  of  Washington  street. 

1246.  May  occupy  part  of  East  Grand  Avenue.]  § 2. 

That  for  the  purpose  aforesaid  the  said  Capital  Coal  Company 
shall  have  the  right  to  use  and  occupy  so  much  of  East  Grand 
avenue  as  may  be  necessary  to  connect  said  switch  as  aforesaid 
and  to  run  cars  on  said  switch  to  and  from  said  railroad. 

Acceptance. 

Springfield,  III.,  July  12,  1887. 
Hon.  Chas.  E.  Hay,  Mayor  of  Springfield,  111.: 

Dear  Sir— I am  instructed  by  my  company  to  notify  you  that  the  ordinance 
in  regard  to  laying  a switch  on  East  Grand  avenue,  between  Cook  and  Washing- 
ton streets,  as  passed  by  the  city  council  on  July  5,  1887,  and  approved  by  your 
Honor  on  July  6,  1887,  has  been  accepted  on  our  part. 

Capital  Coal  Co. 

By  James  Walsh,  Secretary 


718 


SPECIAL  ORDINANCES  OF  CITY. 


An  Ordinance  authorizing  the  Ohio  and  Mississippi  Railway  Company  to  con- 
struct a side-track  connecting  with  their  switch,  known  as  the  “Capital  Coal 
Mine  track,”  in  F2ast  Grand  avenue.  IPassed  August  7,  1890.  Approved 
August  8,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1247.  Permits  0.  & M.  Ry.  Co.,  to  build  and  use  a switch 
track  on  East  Grand  Avenue.]  That  consent  and  permission 

is  hereby  given  to  the  Ohio  and  Mississippi  Railway  Company 
to  construct  and  operate  a switch  track  in  that  portion  of  the 
east  twenty  feet  of  East  Grand  Avenue,  lying  between  the  south 
line  of  Capitol  Avenue  produced,  and  a point  in  the  center  line 
of  the  Ohio  and  Mississippi  Railway  Company’s  switch  to  the 
Capital  Coal  Mine,  thirty-five  feet  south  of  the  south  line  of 
Capitol  Avenue  produced.  And  said  switch  is  to  be  built  from 
thence  over  and  upon  the  lands  of  the  Springfield  Boiler  and 
Manufacturing  Company,  situated  on  the  northeast  corner  of 
East  Grand  Avenue  and  Capitol  Avenue  produced. 

An  Ordinance  granting  permission  to  the  Ohio  and  Mississippi  Railway  Com- 
pany to  construct,  maintain  and  operate  a side-track  as  therein  described. 
[Approved  September  12,  1884.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1248.  Permits  0.  & M.  Ry.  Co.,  to  lay  and  use  a side  track 

on  Third  street.]  § 1.  That  permission  and  consent  is  hereby 
granted  to  the  Ohio  and  Mississippi  Railway  Company,  to  con- 
struct, maintain  and  operate  a side  track,  commencing  on  the 
premises  of  said  railway  company,  on  the  west  side  of  Third 
street,  at  the  intersection  of  Third  street  and  the  north  line 
of  the  alley  between  Madison  and  Jefferson  streets,  and  run- 
ning thence  southwardly  west  of  the  center  line  of  Third  street, 
across  Jefferson  street,  and  to  the  north  line  of  Washington 
street.  The  said  side  track  shall  be  used  in  no  case  except  for 
the  purpose  of  reaching  the  elevator  of  the  Elevator  Milling 
Company,  either  for  loading  or  unloading  cars  for  said  railroad 
company : Provided , that  said  city  does  not  assume  to  make 

compensation  for  any  injury  which  may  be  done  by  said  com- 
pan}'  to  private  property,  and  does  not  assume  to  interfere  with 
any  claim  for  damages,  which  the  owners  of  private  property  may 
have  on  account  of  the  construction,  maintenance  or  operation 
of  said  side  track. 


HA  l LUO  A US. 


ns 


1 2481/2 • When  in  force.]  § 2.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  granting  to  the  Capital  Coal  Company  the  right  to  construct  a 
railroad  switch  from  its  works  to  the  Illinois  Central  Railroad.  [Passed  June 
5,  1893.  Approved  June  15,  1893.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1249.  Permission  to  construct  switch  to  connect  with  Illi- 
nois Central  Railroad.]  § 1.  That  permission  be,  and  is 

hereby  granted  to  the  Capital  Coal  Company  to  connect  its 
works  by  a railroad  switch  with  the  Illinois  Central  Railroad; 
and  for  this  purpose  said  Capital  Coal  Company  is  hereby  au- 
thorized to  occupy  and  use  a right  of  way  not  exceeding  twenty 
feet  in  width,  over  and  along  the  east  side  of  East  Grand  avenue 
in  the  city  of  Springfield,  extending  from  the  south  side  of  Capi- 
tol avenue  to  the  south  side  of  Adams  street. 

1249V2.  Granted  right  to  run  cars  over  said  switch.]  § 2. 

That  for  the  purpose  of  conducting  the  business  of  said  com- 
pany said  Capital  Coal  Company  shall  have  the  right  to  run 
cars  over  and  along  said  switch  to  and  from  said  Illinois  Cen- 
tral Railroad. 


An  Ordinance  to  amend  an  ordinance  entitled  “An  ordinance  granting  the 
Capital  Coal  Company  the  right  to  construct  a railroad  switch  from  its  works 
to  the  Illinois  Central  Railroad,  passed  June  5,  1893,  approved  June  15,  1893, 
so  that  the  same  will  read  and  be  as  follows:  [Passed  September  7,  1897. 

Became  valid  without  approval  of  the  Mayor.l 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1250.  Permission  to  company  to  connect  works  with  I.  C. 

R.  R.]  § 1.  That  permission  is  hereby  granted  to  the  Capital 

Coal  Company  to  connect  its  works  by  a railroad  switch  with 
the  Illinois  Central  Railroad  and  for  this  purpose  said  Capital 
Coal  Company  is  hereby  authorized  to  occupy  and  use  a right 
of  way  not  exceeding  twenty  feet  in  width  over  and  along  the 
east  side  of  East  Grand  avenue  in  the  said  city  of  Springfield, 
extending  from  the  south  side  of  .Capitol  avenue  to  the  south 
side  of  Madison  street. 

1251.  May  run  cars  over  said  switch.]  § 2.  That  for 
-the  purpose  of  conducting  the  business  of  said  Capital  Coal 
Company,  the  said  company  shall  have  the  right  to  run  cars 


720 


SPECIAL  ORDINANCES  OF  CITY. 


over  and  along  said  switch  to  and  from  said  Illinois  Central 
11  ail  road. 

1252.  When  in  force.]  § 3.  This  ordinance  shall  take 

effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  granting  permission  to  the  Ohio  and  Mississippi  Railway  Com- 
pany to  construct,  operate  and  maintain  a railroad  track  across  certain  streets 
and  alleys  of  the  City  of  Springfield.  [Passed  March  6,  1893.  Approved 
March  8,  1893.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1253.  Permission  to  construct  and  operate  railroad.]  § 1. 
That  permission  is  hereby  granted  to  the  Ohio  & Mississippi 
Railway  Company  to  construct,  operate  and  maintain  a single 
line  of  track  of  railway  in  said  city,  with  all  necessary  switches 
and  facilities  for  operating  the  same,  from  a point  on  West 
Grand  avenue  inside  city,  north  of  where  the  Ohio  & Mississip- 
pi’s Railway  track  now  crosses  West  Grand  avenue,  over  and 
across  the  streets  and  alleys  of  said  city  in  a southeasterly  di- 
rection to  a point  where  the  main  track  of  the  Ohio  & Mis- 
sissippi Railway  now  crosses  the  north  line  of  Madison  street, 
west  line  of  Second  street,  and  substantially  as  shown  on  the 
plat,  showing  their  proposed  route  or  line  to  be  filed  in  the  of- 
fice of  the  city  clerk  and  made  a part  of  this  ordinance. 

1254.  Conditions,  grade  at  crossings.]  § 2.  One  of  the 

conditions  made  by  the  city  and  accepted  by  the  Ohio  & Missis- 
sippi Railway  Company  in  availing  itself  of  the  benefits  of  this 
ordinance  is  that  the  track  shall  be  placed  at  such  grade  at  its 
crossing  at  West  Grand  avenue,  that  there  shall  be  an  under 
track  crossing  of  at  least  fourteen  feet  in  height  in  the  clear 
above  the  town  branch  sewer,  and  at  least  fourteen  feet  in  the 
clear  between  bents  of  said  under  track.  Crossing  shall  extend 
the  full  width  of  West  Grand  avenue.  A further  condition  made 
by  the  city  and  accepted  by  the  company  is  that  in  construct- 
ing its  track  either  inside  or  outside  of  the  city,  it  will  in  no 
way  interfere  with,  obstruct,  change  the  course  of  nor  alter  the 
branch  or  stream  commonly  known  as  the  town  branch,  or  the 
sewer  therein  laid  known  as  the  town  branch  sewer. 

§ 3.  At  the  point  where  the  track  of  said  company  is  built 
over  and  across  Mason  street,  Reynolds  street  and  Miller  street, 
the  grade  of  the  track  shall  be  of  such  height  as  to  allow  an 


RAILROADS. 


721 


under  track  crossing  of  a height  of  at  least  fourteen  feet  in  the 
clear,  and  the  space  between  bents  shall  be  at  least  fourteen 
feet  in  the  clear,  and  the  bents  shall  be  set  parallel  with  the  lines 
of  the  street.  Said  company  shall  make  and  maintain  such 
under  crossings  the  full  width  of  the  street. 

1255.  Paving,  grading  and  supports  under  track.]  § 4. 

In  case  any  of  the  streets,  alleys  or  avenues  crossed  by  said  tracks 
are  ordered  paved  by  the  city,  all  the  work  of  paving  under 
the  track  or  across  the  right  of  way  and  all  work  of  grading 
shall  be  done  by  said  company,  and  in  case  any  of  the  streets 
or  avenues  on  which  there  are  under  track  crossings  shall  be 
paved,  then  the  bents,  supports  or  pillars  holding  up  the  tracks 
shall  be  placed  at  either  side  of  the  pavement  so  that  the  whole 
width  of  the  pavement  shall  be  clear  of  obstruction. 

1256.  Sidewalks.]  § 5.  Said  company  shall  build  across 
and  under  its  tracks  or  right  of  way,  sidewalks  of  such  mate- 
rial, width  and  character  as  the  city  council  may  order,  and 
keep  the  same  in  good  order  and  proper  repair. 

1257.  Survey  and  profile.]  § 6.  When  said  company  shall 
decide  upon  its  exact  route,  and  the  grade  at  which  it  may  wish 
to  construct  its  track,  it  shall  before  it  begins  work,  file  with  the 
city  clerk  a complete  survey  and  profile  of  its  track,  its  loca- 
tion and  grade,  and  the  manner  in  which  it  proposes  to  cross 
all  the  streets  and  alleys  in  said  city,  and  no  work  shall  be  done 
until  such  survey  and  profile  shall  be  approved  by  the  city  en- 
gineer. 

1258.  Crossings.]  § 7.  Said  railway  company  shall  cause 
all  crossings,  either  under  or  over  its  track,  to  be  placed  and 
kept  in  good  condition  and  safe  for  crossing  the  entire  width 
of  the  street,  and  so  as  to  furnish  easy  access  for  teams  and 
vehicles. 

1259.  Shall  allow  other  railroad  companies  to  use  track.] 

§ 8.  It  is  made  obligatory  on  said  company  to  allow  any  rail- 
way company  desiring  to  enter  the  city  on,  or  pass  through  or 
out  of  the  city  on  said  track,  to  have  the  use  of  the  same  upon 
proper,  reasonable,  just  and  equitable  terms,  and  in  case  proper 
compensation  cannot  be  agreed  on  between  this  company  and 
the  one  desiring  the  use  of  its  tracks,  the  proper  amount  of 


722 


SPECIAL  ORDINANCES  OF  CITY. 


compensation  and  terms  of  use  shall  be  determined  and  fixed 
by  a board  of  arbitration  as  follows:  One  party  shall  be  selected 

by  the  Ohio  & Mississippi  Railroad  Company,  one  party  by  the 
company  desiring  to  use  its  track,  and  the  city  council  shall 
select  one  of  its  members  as  the  third  arbitrator  and  the  decision 
of  these  three  persons,  or  a majority  of  them  shall  be  held  and 
taken  hy  both  said  parties  as  the  proper  amount  of  compensation 
and  the  manner  of  use  by  both  of  said  parties  of  said  track, 
and  the  final  report  and  decision  of  said  arbitrators  shall  be 
reduced  to  writing  signed  by  the  arbitrators  and  reported  to 
the  council  and  spread  upon  the  records. 

1260.  Obligations  imposed  herein  shall  be  taken  as  condi- 
tions precedent.]  § 9.  All  the  obligations  imposed  on  the 
Ohio  & Mississippi  Railroad  Company  by  this  ordinance  shall 
be  taken  and  accepted  by  it  as  conditions  precedent  to  their  tak- 
ing the  privilege  herein  given  and  as  a public  duty  on  the  part 
of  said  company,  which  may  be  enforced  by  actions  of  man- 
damus, or  in  any  other  mode  provided  by  law. 

1261.  Not  to  annul  powers  of  city  council.]  § 10.  The 

granting  of  the  privileges  given  in  this  ordinance  shall  not  in 
any  way  abridge  or  annul  any  of  the  powers  by  law  given  to 
the  city  council  as  to  the  regulations  of  railroads  within  said 
city,  nor  shall  it  in  any  way  render  the  city  liable  for  any  dam- 
ages done  to  private  property  by  the  construction  of  said  rail- 
road. 

1262.  Ordinance  to  be  void  if  not  accepted  within  thirty 
days.]  § 11.  This  ordinance  shall  become  null  and  void  unless 
the  said  Ohio  & Mississippi  Railroad  Company  shall  within 
thirty  days  from  the  passage  and  approval  of  this  ordinance, 
and  notice  to  them  thereof,  file  with  the  city  clerk  a written 
acceptance  of  the  conditions  and  provisions  of  this  ordinance 
with  a pledge  that  it  will  faithfully  comply  therewith,  and  then 
within  two  years  after  the  acceptance  of  this  ordinance  begin 
said  work  and  finish  the  same  to  the  ‘intersection  of  Madison 
and  Second  streets. 

1263.  Subject  to  existing  ordinances.]  § 12.  The  above 

grant  or  permission  is  given  subject  to  all  existing  ordinances 


RAILROADS. 


723 


of  said  city,  and  to  the  requirements  of  any  that  may  be  here- 
after passed  in  relation  to  railroads  in  the  city  of  Springfield. 

1264.  When  in  force.]  § 13.  This  ordinance  shall  be  in 
full  force  from  and  after  its  passage. 

Acceptance. 

Office  of  Ohio  and  Mississippi  Railway  Co. 

President’s  Office. 

Cincinnati,  March  7,  1893. 

To  the  Honorable  Mayor  and  City  Council  of  the  City'of  Springfield: 

Gentlemen— You  are  hereby  notified  that  the  Ohio  and  Mississippi  Railway 
Company  accepts  the  ordinance  passed  by  your  honorable  body  on  the  6th  day  of 
March,  1893,  authorizing  said  railway  company  to  build  a railway  track,  with  all 
necessary  switches  and  facilities  from  a point  in  the  west  line  of  West  Grand  ave- 
nue,, between  Miller  street  and  Dorian  avenue,  thence  in  a southeasterly  direction 
to  the  point  where  the  main  track  of  said  railway  crosses  the  north  side  line  of 
Madison  street,  and  also  a track  along  the  south  side  of  Madison  street  between 
the  west  line  of  Second  street  and  the  west  line  of  Cox  street. 

Frank  W.  Tracy, 

Pres,  of  the  O.  & M.  Ry.  Co. 

An  Ordinance  in  relation  to  the  St.  Louis  and  Chicago  Railway  Company. 

[Passed  February  28,  1887.  Approved  March  2,  1887.] 

Be  it  ordained  hy  the  City  Council  of  the  City  of  Springfield: 

1265.  Permit  to  the  said  company  to  build  and  use  a main 

track  along  and  across  certain  streets.]  § 1.  That  permis- 
sion is  hereby,  upon  the  conditions,  and  for  the  consideration 
herein  after  mentioned,  granted  the  St.  Louis  and  Chicago 
Railway  Company,  to  construct,  maintain  and  operate  a main 
track  in  said  city,  as  follows:  Entering  said  city  on  East 

Grand  avenue  south  of  Cook  street  with  a curve,  the  center  line 
of  their  track  being  not  at  any  point  more  than  eleven  feet  from 
the  center  line  of  the  present  location  of  the  Ohio  and  Missis- 
sippi railroad  track,  and  running  thence  north  (keeping  the 
center  line  of  their  track  within  eleven  feet  of  the  center  line 
of  the  track  of  the  Ohio  and  Mississippi’s  track  as  now  located)  , 
across  the  streets  and  alleys  of  the  city,  to  the  north  side  of 
Madison  street. 

1266.  Permission  granted  to  lay  and  use  side-tracks.] 

§ 2.  Said  railway  company  may,  subject  to  the  restrictions 
hereinafter  contained,  construct,  maintain  and  operate,  between 
Cook  and  Madison  streets,  such  side-tracks  as  may  be  necessary. 


724 


SPECIAL  ORDINANCES  OF  CITY. 


on  the  west  side  of  its  main  track  to  and  upon  any  property  it 
may  there  acquire,  and  may  cross  the  streets  and  alleys  with 
such  tracks  in  going  from  one  piece  of  property  to  the  other. 

1267.  Must  maintain  a public  roadway  twenty  feet  wide, 
west  of  its  tracks,  from  Cook  street  to  Washington  street.] 

§ 3.  Said  railway  company  shall  procure  such  a width  of  right 
of  way  from  the  adjoining  property  on  the  west  that  it  can 
ever  keep  and  maintain  on  the  west  side  of  its  most  westerly 
track  or  switch  a public  roadway  at  least  twenty  feet  in  width 
from  Washington  street  to  Cook  street.  Said  roadway  shall  be 
filled  in  with  stone  Macadam  or  other  solid  roadway  material, 
so  the  same  shall  at  all  times  be  in  good  condition  for  public 
travel. 

1268.  Shall  maintain  a public  roadway,  forty  feet  wide, 
between  Washington  street  and  Clear  Lake  road.]  § 4. 

Said  railway  company  shall  procure  sufficient  right  of  way  be- 
tween Washington  street  and  the  north  side  of  the  public  high- 
wa}r,  known  as  Clear  Lake  road,  to  construct,  keep  up  and  main- 
tain a public  road  or  passage  way  for  the  space  of  forty  feet 
west  of  the  west  line  of  East  Grand  avenue,  and  they  shall  ever 
keep,  and  maintain  the  same  in  a suitable  condition  for  public 
travel,  either  by  putting  in  a flooring  over  said  space  of  forty 
feet  in  width,  from  the  north  side  of  the  Clear  Lake  road  south 
to  connect  with  the  Washington  street  pavement,  or  by  filling 
the  same  in  with  stone  Macadam,  or  other  roadway  material. 

1269.  Shall  maintain  proper  grade  and  crossings.]  § 5. 

Said  company  shall  so  grade  and  level  all  of  the  streets  passing 
over  their  main  or  side  tracks,  in  such  a manner  that  they  shall 
be  convenient^  passable  for  teams,  wagons  or  carriages,  and  they 
shall  put  at  all  crossings  planking  on  the  whole  space  within  the 
rails,  and  on  the  outside  to  the  outer  end  of  the  tie  of  a thickness 
equal  to  the  heighth  of  the  rails,  and  they  shall  always  keep 
them  in  such  condition.  It  shall  also  construct  and  keep  in 
repair  and  clear  from  mud,  suitable  crossings  for  foot  passengers, 
and  shall  not,  in  any  way,  obstruct  any  culverts  or  ditches,  but 
shall  always  maintain  the  proper  drainage  for  its  track  and  the 
roadway  hereinbefore  provided  for. 


RAILROADS. 


725 


1270.  To  build  railway  shops.]  § 6.  Said  railway  com- 
pany is  to  build  its  railway  shops,  and  ever  after  maintain  the 
same,  upon  its  property  in  the  city  of  Springfield,  within  the 
next  five  years  from  the  passage  of  this  ordinance. 

1271.  Time  of  grant.]  § 7.  The  right  granted  by  the 
foregoing  section  shall  cover  the  period  of  forty  years. 

1272.  When  ordinance  to  be  in  force.]  § 8.  This  ordi- 
nance shall  take  effect  and  be  in  force  from  and  after  its  passage 
and  acceptance  by  the  said  railway  company,  which  acceptance 
shall  be  made  within  thirty  days  from  the  passage  of  this  ordi- 
nance, and  be  in  writing,  and  shall  be  entered  upon  the  journals 
of  the  city  council. 


Acceptance. 

Office  of  the  St.  Louis  and  Chicago  Railway  Company, 

Springfield,  III.,  Mar.  3,  1887. 

To  the  Mayor  and  City  Council  of  the  City  of  Springfield: 

Gentlemen— You  are  hereby  notified  that  the  St.  Louis  and  Chicago  Railway 
Company  accepts  the  ordinance  passed  by  your  honorable  body,  on  the  evening 
of  February  28,  1887,  granting  the  said  railway  company  the  right  of  way  for  lay- 
ing track  on  certain  streets  and  alleys  in  said  city,  and  they  will  proceed  with  the 
construction  of  their  road  in  accordance  with  the  terms  of  said  grant,  and  will  in 
every  respect  comply  with  the  provisions  of  said  ordinance. 

Yours  very  respectfully, 

St.  Louis  & Chicago  R.  W.  Co., 

By  D.  L.  Wing,  President. 


An  Ordinance  granting  permission  to  the  St.  Louis,  Alton  and  Springfield 
Railroad  Company  to  construct,  operate  and  maintain  a railroad  track  across 
and  along  certain  streets  and  alleys  of  the  city.  [Passed  October  11,  1889. 
Approved  October  15,  1889.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1273.  Permits  St.  L.,  A.  & S.  R.  R.  Co.,  to  build  and  use 
a single  track  on  Mason  and  Madison  streets.]  § 1.  That 

permission  is  hereby  given  to  the  St.  Louis,  Alton  and  Spring- 
field  Railroad  Company  to  construct,  maintain  and  operate  a 
single  track  line  of  railroad  in  said  city,  from  a point  on  West 
Grand  avenue,  in  said  city,  at  or  near  the  intersection  of  Mason 
street,  thence  easterly  along  the  center  of  Mason  street  to  a point 
about  three  hundred  feet  west  of  Walnut  street,  thence  in  a 
southeasterly  direction  across  Walnut  street  and  Salome  avenue 
to  Madison  street,  substantially  as  shown  upon  the  plat  show- 


SPECIAL  OHD I NANCES  OF  CITY. 


72G 


ing  their  proposed  route  or  line  now  on  file  in  the  office  of  the 
city  clerk,  and  made  part  of  this  ordinance,  thence  along  Madi- 
son street  to  the  city  limits  at  East  Grand  avenue,  with  the 
right  to  construct,  operate  and  maintain  the  necessary  side- 
tracks and  switches  connecting  the  main  track  along  the  line 
with  passenger  and  freight  depots,  round-houses  and  repair 
shops:  Provided , no  switch  or  side-track  shall  cross  any  street 

running  north  and  south  without  first  having  obtained  per- 
mission of  the  city  council  so  to  do.  Said  railroad  company 
shall  not  lay  the  outer  rail  of  said  track,  or  any  switch,  along 
Madison  street  nearer  than  twenty-four  feet  from  the  boundary 
line  of  any  lot  that  fronts  on  Madison  street  without  written 
consent  of  the  property  owner. 

1274.  Conditions.]  § 2.  One  of  the  conditions  made  by 
the  city  and  accepted  by  the  St.  Louis,  Alton  and  Springfield 
Railroad  Company  in  availing  itself  of  the  benefits  of  this  ordi- 
nance is,  that  the  track  shall  be  laid  at  grade  where  it  crosses 
West  Grand  avenue.  There  shall  be  an  under  track  crossing 
of  at  least  fourteen  feet  in  height  in  the  clear,  where  the  track 
crosses  Walnut  street  and  Salome  avenue,  the  crossings  to  be 
the  full  width  of  the  street,  and  the  spans  across  the  centers  of 
said  streets  shall  be  not  less  than  thirty  feet  in  the  clear  be- 
tween the  pillars  or  bents,  measured  at  right  angles  to  the  line 
of  said  streets ; and  all  abutments,  pillars,  or  bents  shall  be 
made  to  set  parallel  with  the  lines  of  the  streets  crossed.  A 
further  condition  made  by  the  city  and  accepted  by  the  rail- 
road company  is,  that  in  constructing  their  track,  either  in- 
side or  outside  of  the  city,  they  will  in  no  way  interfere  with,, 
obstruct,  change  the  course  or  alter  the  branch  or  stream,, 
commonly  known  as  the  Town  Branch,  or  the  sewer  therein  laid,, 
known  as  the  Town  Branch  Sewer. 

1275.  Paving,  grading  and  supports  under  track.]  § 3. 

In  case  the  streets,  alleys  or  avenues  are  ordered  paved  by  the 
city,  all  the  work  of  paving  under  the  tracks  or  across  the  right 
of  way,  and  all  wrork  of  grading,  shall  be  done  by  said  com- 
pany, and  in  case  any  of  the  streets  or  crossings  on  which  there 
are  under  track  crossings  shall  be  paved,  then  the  bents,  sup- 
ports or  pillars  holding  up  the  track  shall  be  placed  at  either 


RAILROADS. 


727 


side  of  the  pavement  andt  parallel  with  the  street  so  that  the 
whole  width  of  the  pavement  shall  be  clear  of  obstruction. 

1276.  Sidewalks.]  § 4.  Said  company  shall  build,  across 
or  under  their  track  and  right  of  way,  and  across  the  street  and 
street  crossings,  sidewalks  of  such  material,  width  and  charac- 
ter as  the  city  council  may  order,  and  keep  the  same  in  good, 
safe  and  proper  repair. 

1277.  Survey  and  profile.]  § 5.  When  said  company  shall 
decide  upon  their  exact  route  and  grade  at  which  they  wish  to 
construct  their  track,  they  shall,  before  beginning  work,  file 
with  the  city  clerk  a complete  survey  and  profile  of  their  pro- 
posed track,  its  location  and  grade,  and  the  manner  in  which  it 
proposes  to  cross  all  streets  and  alleys  of  the  city,  and  no  work 
shall  be  done  until  such  survey  and  profile  are  approved  by  the 
city  council. 

1278.  Crossings.]  § 6.  Said  railroad  company  shall  cause 
all  crossings,  either  under  or  over  their  track,  to  be  placed  and 
kept  in  good  and  safe  condition  for  crossing  the  entire  width  of 
the  street,  and  so  as  to  furnish  easy  access  for  teams  and  vehicles. 

1279.  Shall  allow  other  railroad  companies  to  use  its  track.] 

§ 7.  It  is  made  obligatory  upon  said  company  to  allow  any 
railroad  company,  desiring  to  enter  the  city,  or  pass  through  or 
out  of  the  city  on  said  track,  to  have  the  use  of  the  same,  upon 
proper,  just,  reasonable  and  equitable  terms ; and  in  case  proper 
compensation  cannot  be  agreed  upon  between  this  company  and 
one  desiring  to  enter  or  use  their  track,  the  proper  amount  of 
compensation  and  terms  of  use  shall  be  determined  and  fixed 
by  a board  of  arbitration  as  follows : One  party  shall  be  selected 

by  said  St.  Louis,  Alton  and  Springfield  Railroad  Company,  and 
•one  by  the  road  desiring  to  use  the  track.  If  these  two  arbitra- 
tors fail  to  agree,  they  shall  select  a third  party,  and  the  decision 
of  these  three  persons,  or  a majority  of  them,  shall  be  held  and 
taken  by  both'parties  as.  the  proper  amount  of  compensation  and 
manner  of  use.  Each  company  on  selection  of  an  arbitrator, 
shall  give  the  council  written  notice  of  his' selection,  and  if  they 
select  a third  party  they  shall  so  report  to  the  council,  and  the 
final  decision  and  report  of  said  arbitrators  shall  be  reduced  to 
writing,  signed  by  the  arbitrators,  and  reported  to  the  council 


SPECIAL  ORDINANCES  OF  CITY. 


728 


and  spread  upon  its  records.  In  casc^the  two  cannot  agree  upon 
a third  party,  they  shall  make  report  to  the  council  of  their 
inability  to  agree,  and  the  council  shall  select  a third  arbitrator. 

1280.  Obligations  imposed  herein  shall  be  taken  as  con- 
ditions precedent.]  § 8.  All  the  obligations  imposed  upon 
the  said  St.  Louis,  Alton  and  Springfield  Railroad  Company, 
by  this  ordinance,  shall  be  taken  and  accepted  by  it  as  conditions 
precedent  to  their  taking  the  privileges  herein  given,  and  as  a 
public  duty  on  the  part  of  said  company,  which  may  be  enforced 
by  mandamus  or  in  any  other  mode  provided  by  law. 

1281.  City  not  to  be  liable  for  damages.]  § 9.  The 

granting  of  the  privileges  given  in  this  ordinance  shall  not  in 
any  way  abridge  or  annul  any  of  the  powers,  by  law  given,  to 
the  city  council  as  to  the  regulation  of  railroads  within  the  city, 
nor  shall  it  in  any  way  render  the  city  liable  for  any  damages 
dono  to  private  property  by  the  construction'  of  said  railroad. 

1282.  Damages  to  be  settled  by  arbitration.]  § 10.  Be- 
fore the  company  shall  oblige  any  individual  property  owner  to 
institute  suit  to  recover  damages  on  account  of  construction  of 
its  track  within  the  city  limits,  it  shall  attempt  to  secure  settle- 
ment by  arbitration,  by  giving  legal  notice  to  property  owners 
along  said  streets,  at  least  ten  days  before  any  work  is  done  on 
said  streets  by  said  railroad  company.  If  the  company  and 
property  owners  cannot  agree,  then  the  company  shall  make 
written  propositions  to  the  property  owners  to  submit  the  ques- 
tion to  disinterested  parties — arbitrators,  and  if  the  property 
owners  shall  not  within  ten  days  make  written  acceptance  of 
the  offer  to  arbitrate,  the  company  shall  be  released  from  any 
obligation  to  arbitrate.  One  arbitrator  shall  be  chosen  by  the 
'company,  in  case  arbitration  is  acceptable,  and  one  by  the  pro- 
perty owners,  and  in  case  they  cannot  agree  they  will  choose  a 
third.  If  they  fail  to  agree  the  council,  on  notice,  shall  appoint 
him,  and  the  decision  of  a majority  of  the  arbitrators  shall  be 
binding.  The  object  of  this  section  is  to  prevent  private  in- 
dividuals from  being  pushed  to  suits  in  case  they  are  damaged 
and  willing  to  settle. 

1283.  This  ordinance  to  be  void  if  not  accepted  within 
thirty  days.]  § 11.  This  ordinance  shall  become  null  and 


RAILROADS. 


729 


void  unless  said  St.  Louis,  Alton  and  Springfield  Railroad  Com- 
pany shall,  within  thirty  days  from  the  passage  and  approval 
of  this  ordinance  and  notice  to  them  thereof,  file  with  the  city 
clerk  a written  acceptance  of  the  provisions  and  conditions  of 
this  ordinance,  with  a pledge  that  it  wTill  faithfully  comply  there- 
with, and  then  within  one  year  after  acceptance  of  this  ordinance 
begin  said  work  and  finish  the  same  by  two  years  from  date. 

1284.  When  in  force.]  § 12.  This  ordinance  to  be  in 
effect  from  and  after  its  passage. 

Acceptance. 

Bluff  Line,  St.  Louis,  Alton  and  Springfield  Railroad, 

Springfield,  III.,  Nov.  6,  1889. 
Hon.  Chas.  E.  Hay,  Mayor  of  City  of  Springfield,  Springfield,  111.: 

Dear  Sir— This  company  hereby  accepts  the  ordinance  passed  by  the  coun- 
cil of  the  city  of  Springfield,  Oct.  11,  1889,  and  approved  Oct.  15,  1889. 

Yours  truly, 

H.  A.  Fisher, 

General  Manager. 


An  Ordinance  granting  to  the  Springfield  & Decatur  Railway  Company  the 
right  to  lay  its  track  across  Eleventh  street.  [Passed  December  9,  1901.  Ap- 
proved December  9,  1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1285.  Permission  to  lay  single  track.]  § 1.  That  per- 
mission and  authority  is  hereby  given  to  the  Springfield  and 
Decatur  Railway  Company  to  lay  a single  track  of  railway 
across  Eleventh  street  in  the  city  of  Springfield,  with  the  center 
line  at  a point  three  hundred  and  forty-five  and  one-half  feet 
south  of  the  south  line  of  Black  avenue. 

1286.  Street  to  be  restored  to  good  condition  for  travel.] 

§ 2.  Said  company  shall  restore  said  street  to  a good  and  proper 
condition  for  travel  and  shall  properly  grade  its  track  along 
the  same  from  one  side  of  the  street  to  the  other,  put  in  proper 
culverts  and  drains  and  build  crossings  for  foot  passengers  on 
either  side.  They  shall  also  plank  the  entire  width  of  the 
street  between  the  rails  of  the  track  and  one  foot  on  the  out- 
side thereof  and  keep  and  maintain  the  same  in  proper  condi- 
tion and  do  such  things  in  relation  to  keeping  the  crossings 
in  proper  condition  for  travel  as  the  city  council  may  require. 


—25 


SPECIAL  ORDINANCES  OF  CITY. 


730 

1287.  Rights  subject  to  general  ordinances.]  § 3.  The 

rights  hereby  granted  shall  be  subject  to  all  general  ordinances 
of  the  city  now  in  force  or  which  may  hereafter  be  passed  in 
relation  to  railroads. 

1288.  When  in  force.]  § 4.  This  ordinance  shall  be  in 
force  and  take  effect  from  and  after  its  passage. 


An  Ordinance  granting  the  right  of  way  to  the  Springfield  Iron  Company  for  a 
railroad  switch  or  side-track  across  North  Grand  Avenue  and  the  Waterworks 
land.  [Passed  October  3,  1871.  Approved  October  4,  1871.] 

Be  it  ordained  by  i he  City  Council  of  the  City  of  Springfield: 

1289.  Right  of  way  for  railroad  switch,  etc. — company 
to  erect  and  maintain  fence.]  § 1.  That  the  right  of  way, 
forty  feet  wide,  be,  and  the  same  is  hereby  granted  to  the 
Springfield  Iron  Company  to  construct  and  operate  a railroad 
switch  or  side-track  over  and  across  the  east  side  of  the  tract 
of  land  owned  by  said  city,  and  known  as  the  Water  Works 
tract,  and  situated  on  North  Grand  avenue — said  track  to  enter 
the  south  side  of  said  ground  not  over  one  hundred  and  sixty 
feet  from  the  east  side,  and  run  on  the  east  line  as  soon  as  the 
nature  of  the  curve  will  permit;  or  to  employ  or  contract  with 
any  railroad  company  to  construct  and  operate  a railroad  switch 
or  side-track  across  and  over  said  tract  of  land,  to  cross  the  said 
North  Grand  avenue  of  said  city  for  the  purpose  of  connecting 
said  railroad  switch  or  side-track  with  any  other  railroad: 
Provided , that  the  said  iron  company  shall  be  required  to  erect 
and  maintain  a good  and  sufficient  fence  to  protect  said  tract  of 
land,  so  long  as  the  same  may  be  used  for  the  purposes  afore- 
said. 

1290.  When  in  force.]  § 2.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


STREET  RAILWAYS. 

SPRINGFIELD  CITY  RAILWAY  COMPANY. 

An  Act  to  promote  the  construction  of  horse  railways  in  the  city  of  Springfield. 
[Approved  February  18,  1861.— See  Private  Laws  of  1861,  page  343.] 

1291.  Corporation  created — power  and  authority.]  § 1. 

Be  it  enacted  by  the  People  of  the  State  of  Illinois , represented 


STREET  RAILWAYS. 


731 


in  the  General  Assembly:  That  Jacob  Bunn,  John  T.  Stuart, 
Stephen  T.  Logan,  Benjamin  S.  Edwards,  Christopher  C. 
Brown,  Thomas  S.  Mather  and  George  Carpenter,  and  their 
successors,  are  hereby  created  a body  politic  and  corporate,  by 
the  name  of  “The  Springfield  City  Railway  Company,”  for 
the  term  of  fifty  years,  with  all  the  powers  and  authority  inci- 
dent to  corporations,  for  the  purpose  hereinafter  mentioned. 

1292.  May  construct  and  operate  railways  on  streets  and 
highways.]  § 2.  The  said  corporation  is  hereby  authorized 
and  empowered  to  construct,  maintain  and  operate  a single 
or  double  track  railway,  with  all  necessary  and  convenient  tracks, 
for  turnouts,  side-tracks  and  appendages,  in  the  city  of  Spring- 
field,  and  in,  on,  over  and  along  such  street  or  streets,  high- 
way or  highways,  within  the  present  or  future  limits  of  the  city 
of  Springfield. 

1293.  Capital  stock — issue  and  transfer.]  § 3.  The 

capital  stock  of  said  corporation  shall  be  fifty  thousand  dollars, 
and  may  be  increased  from  time  to  time,  at  the  pleasure  of  said 
corporation.  It  shall  be  divided  into  shares  of  fifty  dollars 
each,  and  be  issued  and  transferred  in  such  manner,  and  upon 
such  conditions,  as  the  board  of  directors  of  said  corporation  may 
direct. 

1294.  Board  of  directors — appointment  and  authority.] 

§ 4.  All  the  corporate  powers  of  said  corporation  shall  be 
vested  in,  and  exercised  by,  a board  of  directors,  and  such  of- 
ficers and  agents  as  said  board  of  directors  shall  appoint.  The 
first  board  of  directors  shall  consist  of  J.  Bunn,  J.  T.  Stuart, 
S.  T.  Logan,  B.  S.  Edwards,  C.  C.  Brown,  T.  S.  Mather,  and 
George  Carpenter;  and  thereafter  of  not  less  than  three  nor 
more  than  seven  stockholders,  who  shall  be  chosen  each  and 
every  year,  by  the  stockholders,  at  such  time  and  in  such  man- 
ner as  the  said  corporation  shall,  by  its  laws,  prescribe.  The 
said  directors  shall  hold  their  office  until  their  successors  are 
elected  and  qualified,  and  may  fill  any  vacancy  which  may  hap- 
pen in  the  board  of  directors,  by  death,  resignation,  or  other- 
wise. They  may  also  adopt  such  by-laws,  rules  and  regula- 
tions, for  the  government  of  said  corporation,  and  the  manage- 
ment of  its  affairs  and  business,  as  they  may  think  proper,  not 
inconsistent  with  the  laws  of  this  State. 


SPECIAL  ORDINANCES  OF  CITY. 


732 

1295.  Railways  may  be  extended — taking  property  there- 
for.] § 5.  The  said  corporation  is  hereby  authorized  to  ex- 
tend the  said  several  railways,  herein  authorized  to  be  built, 
in  the  manner  aforesaid,  to  any  point  or  points  within  the 
county  of  Sangamon,  in  this  State;  and  to  enable  said  corpora- 
tion to  construct  any  or  all  of  the  railways  herein  authorized, 
or  their  appendages,  the  said  corporation  is  hereby  vested  with 
power  to  take  and  apply  private  property  for  the  purpose,  and 
in  the  manner  prescribed  by  an  act  entiled  “An  act  to  amend 
the  law  condemning  right  of  way,  for  purposes  of  internal  im- 
provement,” approved  June  22,  1852,  and  the  several  acts 
amendatory  thereof;  and  may  exercise  all  the  powers  conferred 
upon  railroad  corporations  by  the  25th  and  26th  sections  of 
“An  act  to  provide  for  a general  system  of  railroad  incorpora- 
tions,” approved  November  5th,  1849,  ascertaining  and  making 
recompense  for  all  damages  sustained,  agreeable  to  the  provis- 
ions of  the  act  hereinbefore  first  mentioned. 

1296.  May  use  any  highway  in  the  county.]  § 6.  The 

said  corporation  is  hereby  authorized  to  lay  down  and  maintain 
its  said  railway  or  railways,  in,  upon,  over  and  along  any  com- 
mon highway  in  said  county,  but  in  such  manner  as  not  to  ob- 
struct the  common  travel  of  the  public  over  the  same.  In  all 
cases,  when  vehicles  shall  meet  the  cars  or  carriages  of  said 
railways,  either  in  the  city  or  county,  said  vehicles  shall  give 
way  to  the  cars  or  carriages  on  the  railway;  and  the  said  cor- 
poration may  take,  hold,  mortgage  and  convey  real  estate. 

1297.  This  act  a public  act,  etc.]  § 7.  This  act  shall  be 

deemed  a public  act,  and  noticed  by  all  courts  as  such  without 
pleading  and  shall  take  effect  from  its  passage. 

An  Ordinance  authorizing  the  Springfield  City  Horse  Railway  Company  to 

construct  a road  from  Market  street  on  Fifth  or  Sixth  streets  to  Oak  Ridge 

Cemetery.  [Passed  March  28,  I860.  Approved  March  29,  1866.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1298.  Company  authorized  to  construct  a track  to  Oak 
Ridge  Cemetery.]  § 1.  The  Springfield  Horse  Railway  Com- 
pany is  hereby  authorized  to  construct,  maintain  and  operate 
a double  or  single  track  railway,  to  be  worked  by  horse  power, 
only,  from  Market  street  on  Fifth  or  Sixth  street,  thence  north 


STREET  RAILWAYS. 


733 


to  Jefferson  on  Sixth  street,  thence  west  on  Jefferson  to  Fifth, 
thence  north  on  Fifth  or  Sixth  streets  to  Grand  avenue,  and 
thence  to  Oak  Ridge  Cemetery.  Said  company  to  elect  which 
route  they  will  take,  and  file  said  election  with  the  city  clerk 
within  sixty  days. 

1299.  Track  to  be  laid  even  with  the  grade  of  streets,  etc. 
— to  be  kept  in  good  repair.]  § 2.  The  track  of  said  railway 
shall  be  laid  on  a grade  even  with  the  grade  of  the  street  through 
which  it  may  pass,  and  so  that  the  free  flow  of  water  in  the 
lateral  and  cross  gutters  is  not  thereby  obstructed,  and  the  space 
between  the  tracks  or  rails,  and  for  one  foot  outside  of  the  rails 
shall  be  kept  in  good  repair  by  said  company,  so  as  not  to  ob- 
struct the  passing,  crossing  or  traveling  of  said  street  by  other 
vehicles. 

1300.  Rights  reserved  by  city — removal  of  track  for  im- 
provements in  streets.]  § 3.  The  city  of  Springfield  reserves 
the  right  to  take  up  and  remove  the  rails  of  said  company,  when- 
ever it  shall  be  necessary  for  the  repair  and  improvement  of  the 
streets,  or  for  the  laying  of  water  or  gas  pipes,  or  for  the  con- 
struction of  sewers,  or  for  other  purposes,  on  the  streets  on  which 
said  roads  may  be  laid,  and  such  improvements  shall  be  made 
by  the  city  without  unnecessary  delay,  and  the  track  shall  be 
taken  up  and  relaid  by  said  company  at  their  own  cost  and  ex- 
pense. 

1301.  Grading — water  courses — planking  and  street  cross- 
ings to  be  re-laid.]  § 4.  Said  company  shall  do  all  the  neces- 
sary grading  in  order  to  make  their  track  conform  to  the  grade 
of  the  street,  and  shall  construct  water  courses  wherever  it  may 
become  necessary  from  the  laying  of  said  railway.  Said  water 
courses  shall  be  constructed  according  to  the  plans  furnished 
by  the  city  engineer.  Said  company  shall  relay  all  planking  and 
street  crossings,  and  leave  the  planking  in  as  good  repair  as  it 
was  before  being  removed. 

1302.  Liability  of  company  for  damages.]  § 5.  The  said 
railway  company  shall,  in  all  cases,  be  legally  liable  for  all  in- 
juries and  damages  resulting  to  any  person  through  carelessness 
or  negligence  of  any  person  operating  or  employed  on  said  road. 


SPECIAL  ORDINANCES  OF  CITY. 


734 

1303.  Subject  to  all  ordinances  hereafter  passed.]  § 6. 

Said  company  shall  be  subject  to  all  existing  ordinances,  and 
also  to  all  ordinances  that  may  hereafter  be  passed,  concerning 
street  railroads. 

1304.  Other  rights  reserved  by  city.]  § 7.  The  city  of 
Springfield  reserves  the  right  to  construct  railways  upon  such 
streets  or  avenues,  or  may  cross  any  of  -the  streets  or  avenues, 
upon  which  said  company  is  hereby  authorized  to  build  a road. 

1305.  How  road  to  be  constructed  and  operated.]  § 8. 

The  gauge  of  said  track  of  said  railway  shall  be  five  (5)  feet 
two  inches,  and  the  rail  used  in  the  construction  of  said  track 
shall  be  the  T rail,  and  shall  be  maintained  in  good  order  and 
repair  by  said  company,  and  be  operated  at  all  reasonable  times, 
for  the  use  of  the  public,  and  each  passenger  may  be  required 
to  pay  a fare  not  exceeding  ten  (10)  cents,  from  Market  street 
to  Oak  Bidge  Cemetery. 

1306.  In  force  twenty-five  years.]  § 9.  This  ordinance 
shall  be  and  remain  in  force  twenty-five  years  from  and  after  its 
approval. 

An  Ordinance  to  authorize  a horse  railway.  [Passed  August  7,  1865.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1307.  Certain  persons  authorized  to  build  a railway  on 

certain  streets.]  § 1.  There  is  hereby  granted  to  Jesse  K. 
Dubois,  John  Williams,  D.  L.  Phillips,  Edward  L.  Baker,  John 
T.  Smith,  Alexander  Starne,  J.  S.  Bradford,  A.  W.  French,  A. 
Schwartz,  Thomas  J.  Dennis,  George  W.  Shutt,  James  Brown, 
Michael  Doyle,  Daniel  Morse,  H.  B.  Ives  & Son,  Hill  & Hughes, 
Charles  H.  Lanphier,  B.  F.  Stevenson,  J.  W.  Smith,  S.  M.  Cul- 
lom,  Erastus  Wright,  and  such  other  persons  as  may  hereafter 
become  associated  with  them,  and  to  their  executors,  administra- 
tors and  assigns,  permission,  authority  and  consent  of  the  city 
council  of  the  city  of  Springfield,  to  lay  a single  or  double  track 
for  a railway,  with  all  the  necessary  and  convenient  tracks  for 
turnouts,  side-tracks  and  switches,  in  the  following  streets  in 
said  city,  to-wit:  Monroe  street  west  of  Sixth,  Walnut  street,.' 

and  Governor  street,  to  the  city  limits. 


STREET  RAILWAYS. 


735 


1308.  Grade — not  to  be  changed,  etc.]  § 2.  The  said 
railway  is  to  be  constructed  on  such  grade  as  shall  be  estab- 
lished by  said  city,  on  the  streets  named  in  this  ordinance,  which 
said  grade  shall  not,  during  the  continuance  of  said  railway,, 
be  altered  or  changed,  at  the  cost  or  damage  of  said  company. 

1309.  Track  to  be  laid  to  surface  of  street.]  § 3.  The 

track  of  said  railway  shall  not  be  elevated  above  the  surface 
of  the  street,  and  shall  be  so  laid  that  carriages  and  vehicles  can 
easily  and  freely  cross  said  track  at  any  and  all  points  thereof, 
with  the  least  obstruction  possible. 

1310.  Rate  of  fare  fixed.]  § 4.  The  rates  of  fare  for 

any  distance  within  one  and  a half  miles  shall  not  exceed  ten 
cents,  the  rates  of  fare  to  be  regulated  by  said  railway  company. 

1311.  Rights  herein — how  forfeited.]  § 5.  The  rights 
and  privileges  granted  by  virtue  of  this  ordinance  to  said  rail- 
way company,  shall  be  forfeited  to  the  city  unless  the  construc- 
tion of  said  railway  shall  be  commenced  within  six  months,  and 
fully  completed  within  one  year  from  the  passage  hereof,  unless 
the  city  council  shall  extend  the  time. 

An  Ordinance  amendatory  of  the  ordinance  allowing  the  right  of  way  to  the 
Capital  Horse  Railway  Company.  [Passed  November  6,  1865.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1312.  Right  of  way  on  east  Monroe  street.]  § 1.  That 

the  ordinance  in  relation  to  the  Capital  Railway  Company,  al- 
lowing said  company  the  right  of  way  over  certain  streets  in  the 
•city,  passed  August  7,  1865,  be  so  amended  as  to  grant  said 
company  the  right  of  way  over  and  upon  Monroe  street  to  its 
eastern  limit. 

An  Ordinance  granting  to  the  Springfield  City  Railway  Company  the  right  to 
cross  South  Grand  avenue  at  Eighth  street.  [Passed  August  16,  1890.  Ap- 
proved August  18,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1314.  Permit  to  extend  track  across  South  Grand  avenue.] 

§ 1.  That  permission  is  hereby  given  to  the  Springfield 
City  Railway  Company  to  extend  its  track  from  its  present  ter- 
minus, on  South  Eighth  street,  across  South  Grand  avenue  to 
the  southern  limits  of  the  city,  and  connect  with  its  track  on 


730  SPECIAL  ORDINANCES  OF  CITY. 

Eighth  street,  in  village  of  South  Springfield,  south  of  south 
line  of  South  Grand  avenue. 

1315.  When  in  force.]  § 2.  This  ordinance  shall  take 
effect  from  and  after  its  passage. 

An  Ordinance  granting  to  the  Springfield  City  Railway  Company  the  right  to 
construct  and  operate  an  electric  street  railway  Over  certain  streets  in  the 
city  of  Springfield.  [Approved  January  20,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Spring  field : 

1316.  Permit  to  operate  its  lines  of  railway  by  electric 
power.]  § 1.  That  in  addition  to  the  rights  and  privileges 
now  owned  and  held  by  the  Springfield  City  Railway  Com- 
pany, and  subject  to  the  provisions  and  regulations  herein- 
after made,  and  to  existing  ordinances  of  said  city,  and  all 
reasonable  ordinances  that  may  be  hereafter  passed  concerning 
streets  and  street  railways,  there  is  hereby  granted  to  said  com- 
pany,- its  successors  and  assigns,  the  right  and  authority  to 
operate  its  lines  of  railway  by  electric  power,  and  said  com- 
pany shall,  at  all  times,  operate  its  lines  so  as  not  to  obstruct 
the  public  use  of  said  streets. 

1317.  Permit  to  erect  poles  and  wires.]  § 2.  To  enable 

said  company  to  operate  by  electricity,  it  is  hereby  authorized 
to  erect  suitable  trimmed  and  pointed  poles  and  supports  along 
each  side  of  the  streets,  from  the  generator  or  power  station  or 
stations  or  car  houses,  to  and  along  the  line  of  said  railway, 
and  to  connect  the  poles  and  supports  by  such  wires  as  may 
be  necessary  for  the  transmission  of  power,  and  the  successful 
operation  of  said  railway.  Selected  straight  cedar  poles  shall 
be  used  of  uniform  size,  about  seven  inches  in  diameter  at  the 
top  end,  and  ten  to  twelve  in  diameter  at  the  ground  line.  All 
poles  shall  be  dressed  smooth  and  straight  and  neatly  rounded 
or  pointed  at  the  top  end,  and  set  perpendicular  in  straight  align- 
ment with  the  street  curbing. 

1318.  Provisions  in  regard  to  poles  and  wires.]  § 3.  The 

said  wires  shall  be  suspended  not  less  than  eighteen  feet  above 
the  rails,  and  no  other  person  or  companies  shall  place  any 
wires  beneath  the  wires  of  said  company  in  such  a way  as  to 
obstruct  the ' practical  operation  of  its  road,  and  the  poles  shall 
be  placed  not  less  than  one  hundred  feet  apart,  except  at  the 


STREET  RAILWAYS. 


737 


intersection  of  streets  and  avenues,  where  said  distance  will 
place  the  poles  in  the  intersecting  streets  or  avenues.  Said 
poles  shall,  at  all  times,  be  kept  neatly  painted : Provided , that 

where  necessary  to  set  poles  inside  the  fire  limits,  the  same  shall 
be  of  iron.  That  nothing  herein  shall  preclude  said  company 
using  poles  already  erected.  Said  poles  shall  be  erected  under 
the  direction  of  the  city — through  its  street  and  alley  committee 
or  proper  officers.  The  supporting  wires,  guard  wires,  and  fix- 
tures comprising  the  overhead  construction,  shall  be  of  a neat 
design,  and  put  up  and  constructed  in  a uniform,  neat,  and  sub- 
stantial manner. 

1319.  Penalty  for  removing  or  breaking  wires.]  § 4. 

Any  person  other  than  an  officer  or  employe  of  the  city,  who 
shall  willfully  remove  or  break  any  of  -the  wires  used  by  said 
railway  company  in  the  operation  of  its  railway,  shall  be  fined 
in  a sum  not  to  exceed  two  hundred  dollars  for  each  wire  or 
part  of  wire  removed  or  broken. 

1320.  Tracks  must  conform  to  grade.]  § 5.  If,  at  any 

time,  the  city  shall  establish  a grade  on  any  street  or  avenue, 
used  or  occupied  by  the  track  or  tracks  of  said  company,  or 
should  change  the  grade  already  established,  the  said  railway 
company,  its  successors  and  assigns,  shall  raise  or  lower  its 
grade  to  conform  to  said  grade,  when  notified  so  to  do  by  the 
city  council  or  city  engineer,  at  its  own  cost  and  expense. 

1321.  Provisions  in  regard  to  paving.]  § 6.  All  streets, 
when  the  same  or  any  part  thereof,  shall  be  ordered  to  be  paved 
by  the  city  council,  said  company’s  right  of  way  thereon,  in- 
cluded in  such  order,  shall  be  paved  between  the  rails  of  its 
track,  and  for  the  space  of  twelve  inches  outside  of  said  rails, 
with  such  material  and  in  such  manner  as  the  city  council  shall 
order,  and  all  paving  required  to  be  laid  by  said  company,  shall 
be  laid  and  kept  in  repair  with  the  same  material  used  in  it, 
and  at  the  expense  of  the  company,  and  if  said  company,  its 
successors  and  assigns,  shall  fail  to  comply  with  the  provision 
of  this  section,  requiring  it  to  repair  a pavement  on  its  right 
of  way  on  any  street,  after  notice  to  do  so  by  the  city  council 
or  engineer  by  service  thereon,  on  any  officer  of  said  company, 
for  thirty  days  after  receiving  such  notice,  such  company  shall 


738 


SPECIAL  ORDINANCES  OF  CITY. 


forfeit  and  pay  into  the  city  treasury,  the  sum  of  ten  dollars 
per  day  for  the  time  said  company  shall  fail  to  put  down  or 
repair  said  paving,  as  liquidated  damages,  the  same  to  be  re- 
coverable of  and  from  said  company  by  the  city  of  Springfield, 
in  an  action  of  debt,  and  said  paving  may  be  repaired  by  the 
city  of  Springfield  at  the  expense  of  said  company,  and  said 
company  shall  repay  the  costs  thereof  to  the  city  on  demand. 

1322.  Guard  wires.]  § 7.  That  it  is  made  the  duty  of 
said  company  to  stretch  and  maintain  a suitable  guard  wire 
along  and  above  its  electric  cable  and  over-wires  at  all  points 
within  the  city  where  other  wires  belonging  to  other  companies 
are  suspended  over  or  above  said  electric  cable,  the  same  to  be 
extended  along  the  whole  line  of  said  railway  when  required  by 
the  council,  and  in  case  of  willful  violation  of  this  section  said 
company  shall  be  subject  to  a fine  of  not  exceeding  two  hundred 
dollars  for  every  day. 

1323.  When  to  commence  and  complete  work  of  changing 
to  electric  motive  power.]  § 8.  Said  company,  its  successors 
and  assigns,  shall  commence  the  remodeling  of  said  railway, 
and  constructing  the  appliances  for  propelling  cars  and  operat- 
ing said  road  with  electric  motive  power,  within  four  months 
after  the  passage  of  this  ordinance  and  fully  complete  and 
operate  the  same  within  twelve  months  from  the  passage  of  this 
ordinance,  unless  the  city  council  shall,  by  ordinance,  extend 
the  time. 

1324.  Must  protect  the  city  from  damage  suits.]  § 9. 

Said  Springfield  City  Railway,  its  successors  and  assigns,  and 
all  persons  or  corporations  ownihg,  leasing,  operating  or  con- 
trolling said  railway  shall  save  and  keep  harmless  the  city  of 
Springfield,  on  account  of  any  and  all  damages  and  costs  in  all 
causes  of  action  that  may  be  brought  by  or  accrue  to  any  per- 
son or  persons,  company  or  corporation,  against  said  city  at  any 
time  hereafter,  by  reason  of  this  grant  or  by  reason  of  the  con- 
struction or  operation  of  said  railway,  or  any  part  of  it,  in  which 
said  city  may  be  sued  separately  or  impleaded  with  said  com- 
pany, its  successors  and  assigns  or  otherwise. 

1325.  Must  accept  within  sixty  days.]  § 10.  Said  comJ 
pany  shall  within  sixty  days  from  the  passage  of  this  ordinance. 


STREET  RAILWAYS. 


739 


file  with  the  city  clerk  a written  acceptance  of  this  ordinance, 
with  all  the  obligations  and  conditions  thereof  signed  by  its 
president  and  secretary. 


Acceptance. 

Springfield,  III.,  Jan.  31,  1890. 

Hon.  Mayor  and  Members  of  the  City  Council  of  the  City  of  Springfield: 

Gentlemen— We  hereby  accept  the  ordinance  granting  to  the  Springfield 
City  Railway  Company  the  right  to  construct  and  operate  an  electric  street  railway 
over  certain  streets  in  the  city  of  Springfield,  which  was  passed  January  17,,  1890. 

Springfield  City  Railway  Company, 

By  A.  L.  Ide,  President. 

Geo.  M.  Brinkerhoff,  Secretary. 


An  Ordinance  granting  to  the  Springfield  City  Railway  Company  the  right  to 
construct  and  operate  an  electric  street  railway  over  certain  streets  in  the  city 
of  Springfield.  [Passed  October  21,  1890.  Approved  October  24,  1890. 
Amended  May  6,  1891.] 

Be  it  ordaineR  by  the  City  Council  of  the  City  of  Springfield: 

1326.  Permit  to  construct  and  operate  an  electric  street 
railway.]  § 1.  That  subject  to  the  provisions  and  regula- 
tions hereinafter  made,  and  to  the  requirements  of  the  general 
ordinances  of  said  city,  and  to  all  ordinances  that  may  here- 
after be  passed  concerning  streets  and  street  railways,  there 
is  hereby  granted  to  the  Springfield  City  Railway  Company, 
its  successors  and  assigns,  the  right  and  authority  to  construct 
and  operate  an  electric  street  railway,  with  necessary  side- 
tracks, turnouts  and  switches,  on  the  following  streets,  to-wit: 
Seventh  street  in  said  city  from  Jefferson  street  to  North  Grand 
avenue,  North  Grand  avenue  from  Sixth  street  to  Ninth  street, 
Jefferson  street  from  Seventh  street  to  Fifth  street;  said  tracks, 
side-tracks',  turnouts  and  switches  shall  be  located  by  and  un- 
der the  direction  of  the  street  and  alley  committee,  and  said 
railway  company  shall  plank,  with  good  two-inch  oak  plank, 
between  its  rails  and  six  inches  on  either  side  at  the  intersec- 
tion of  streets  and  alleys  on  streets  where  there  is  no  paving. 
[As  amended  May  6,  1891,  and  accepted  May  6,  1891. 

1327.  Poles  and  wires.]  § 2.  To  enable  said  company 
to  operate  by  electricity,  it  is  hereby  authorized  to  erect  suitable 
trimmed  and  painted  poles  and  supports,  along  each  side  of  said 
street,  from  the  generator  or  power  station  or  stations  or  car 
houses,  to  and  along  the  line  of  said  railway,  and  to  connect 


740  SPECIAL  ORDINANCES  OF  CITY. 

the  poles  and  supports*  by  such  wires  as  may  be  necessary  for 
the  transmission  of  power  and  successful  operation  of  said 
railway.  Select,  straight  cedar  poles  shall  be  used,  of  uniform 
size,  about  seven  inches  in  diameter  at  the  top  end,  and  ten 
or  twelve  inches  in  diameter  at  the  ground  line.  All  poles 
shall  be  dressed  smooth  and  straight  and  neatly  rounded  or 
pointed  at  the  top  end,  and  set  perpendicular  in  straight  align- 
ment with  the  street  curbing. 

1328.  Provisions  in  regard  to  poles  and  wires.]  § 3.  The 

said  wires  shall  be  suspended  not  less  than  eighteen  feet  above 
the  rails,  and  no  person  or  companies  shall  place  any  wires 
beneath  the  wires  of  said  company  in  such  a way  as  to  obstruct 
the  practical  operation  of  its  road,  and  the  poles  shall  be  placed 
not  less  than  one  hundred  feet  apart,  except  at  the  intersection 
of  streets  and  avenues,  where  the  said  distance  would  place  the 
poles  in  the  intersection  of  the  streets  or  avenues.  Said  poles 
shall,  at  all  times,  be  kept  neatly  painted:  Provided , that 

where  necessary,  inside  the  fire  limits,  the  same  shall  be  of  iron ; 
but  nothing  herein  shall  preclude  the  said  company  using  poles 
already  erected.  Said  poles  shall  be  erected  under  the  direc- 
tion of  the  city,  through  the  street  and  alley  committee  or  proper 
officers.  The  supporting  wires,  guard  wires  and  fixtures,  com- 
prising the  overhead  construction,  shall  be  of  a neat  design, 
and  put  up  and  constructed  in  a uniform,  neat  and  substantial 
manner. 

1329.  Penalty  for  removing  or  breaking  wires.]  § 4. 

Any  person  other  than  an  officer  or  an  employe  of  the  city  who 
shall  willfully  remove  or  break  any  of  the  wires  used  by  said 
railway  company  in  the  operation  of  its  railway,  shall  be  fined 
in  a sum  not  to  exceed  two  hundred  dollars  for  each  wire  or 
part  of  wire  removed  or  broken. 

1330.  Tracks  must  conform  to  grade.]  § 5.  If,  at  any 

time,  the  city  shall  establish  a grade  on  any  street  or  avenue 
used  or  occupied  by  the  track  or  tracks  of  said  company,  or 
shall  change  the  grade  already  established,  the  said  railway 
company,  its  successors  and  assigns,  shall  raise  or  lower  its  track 
to  conform  to  said  grade,  when  notified  so  to  do  by  the  city 
council  or  city  engineer,  at  its  own  cost  and  expense. 


STREET  RAILWAYS. 


741 


1331.  Provisions  in  regard  to  paving.]  § 6.  On  all  streets 
where  the  same  or  any  part  thereof  shall  be  ordered  to  be 
paved  by  the  city  council,  said  company’s  right  of  way  thereon, 
included  in  such  order,  shall  he  paved  between  the  rails  of  its 
track,  and  for  the  space  of  twelve  inches  outside  of  said  rails 
and  between  the  main  tracks  and  switches,  with  such  material 
and  in  such  manner  as  the  city  council  shall  order;  and  all 
paving  ordered  to  be  laid  by  said  company  shall  be  laid  and 
kept  in  repair,  with  the  same  material  used  in  it,  and  at  the 
expense  of  the  company.  And  if  the  said  company,  its  suc- 
cessors and  assigns,  shall  fail  to  comply  with  the  provisions 
requiring  it  to  repair  and  pave  on  its  right  of  way  on  any  streets, 
after  notice  to  do  so  by  the  city  council  or  city  engineer,  by 
service  thereon  on  any  officer  of  said  company,  after  thirty 
days  after  receiving  such  notice,  the  said  company  shall  forfeit 
and  pay  into  the  city  treasury  the  sum  of  ten  dollars  per  day 
upon  the  time  the  said  company  shall  fail  to  put  down  or  re- 
pair said  paving,  as  liquidated  damages,  the  same  to  be  re- 
coverable of,  and  from  said  company,  by  the  city  of  Springfield, 
at  the  expense  of  said  company,  and  said  company  shall  repay 
the  cost  thereof  to  the  city  upon  demand. 

1332.  Guard  wires.]  § 7.  And  it  is  made  the  duty  of 
said  company  to  stretch  and  maintain  a suitable  guard  wire 
along  and  above  its  electric  cable  and  over-wires  at  all  points 
within  the  city  where  other  wires  belonging  to  other  companies 
are  suspended  from  or  above  said  electric  cable,  the  same  to  be 
extended  along  the  whole  line  of  said  railway  when  required 
by  the  council,  and  in  case  of  wilful  violation  of  this  section 
said  company  shall  be  subject  to  a fine  of  not  exceeding  two 
hundred  dollars  for  each  and  every  day  of  such  violation. 

1333.  Time  of  commencing  and  completing  construction.] 

§ 8.  The  rights  and  privileges  granted  by  this  ordinance  shall 
be  forfeited  to  the  city  of  Springfield  unless  the  said  company 
shall  commence  the  construction  of  said  railway  within  fifteen 
days  from  the  passage  of  this  ordinance,  and  fully  complete 
and  operate  the  same  within  ten  months  from  the  date  of  the 
passage  of  this  ordinance,  unless  the  city  council  shall,  by  or- 
dinance, extend  the  time. 


742 


SPECIAL  ORDINANCES  OF  CITY. 


1334.  Shall  protect  the  city  from  damage  suits.]  § 9. 

Said  Springfield  City  Railway  Company,  its  successors  and  as- 
signs, and  all  persons  or  corporations  owning,  leasing,  operat- 
ing or  controlling  said  railway,  shall  save  and  keep  harmless  the 
city  of  Springfield  on  account  of  any  and  all  damages  and  costs 
on  any  causes  of  action  that  may  be  brought  by  any  person  or 
persons,  companies  or  corporations  against  said  city  at  any  time 
hereafter  by  reason  of  this  grant  or  by  reason  of  the  construc- 
tion or  operation  of  said  railway  or  any  part  of  it,  in  which  the 
city  may  be  sued  or  impleaded  with  said  company,  its  succes- 
sors and  assigns,  or  otherwise. 

1335.  Rate  of  fare.]  § 10.  The  rate  of  fare  for  a con- 
tinuous trip  in  one  direction  shall  not  exceed  five  cents  for  each  - 
person.  All  passengers  after  paying  one  fare  shall  be  entitled 
to  receive  transfer  tickets  for  a continuous  trip,  which  will 
pass  them  on  the  line  of  railway  upon  which  said  fare  is  paid 
to  any  point  on  any  other  line  of  street  railway  that  is  being 
now,  or  may  be  hereafter,  operated  by  the  Springfield  City 
Railway  Company. 

1336.  Must  accept  within  fifteen  days.]  § 11.  This  ordi- 
nance shall  take  effect  and  be  in  force  only  upon  the  filing 
within  fifteen  days  after  its  passage,  in  the  office  of  the  city 
clerk  of  said  city,  by  said  Springfield  City  Railway  Company, 
its  successors  or  assigns,  of  its  acceptance  of  the  terms  thereof, 
which  acceptance  shall  be  in  wrting  and  be  reported  by  the 
clerk  to  the  city  council  and  entered  in  full  upon  the  journal 
thereof,  and  this  ordinance  shall  continue  in  force  for  the  pe- 
riod of  twenty  years,  subject  to  the  conditions  aforesaid. 

Acceptance. 

To  the  Hon.  Mayor  and  City  Council  of  the  City  of  Springfield: 

Gentlemen— The  Springfield  City  Railway  Company  hereby  accepts  the 
terms  of  an  ordinance,  entitled  “An  ordinance  granting  to  the  Springfield  City 
Railway  Company  the  right  to  construct  and  operate  an  electric  street  railway 
over  certain  streets  in  the  city  of  Springfield,”  passed  October  21,  1890,  and  ap- 
proved October  24,  1890. 

Oct.  27,  1890. 

Springfield  City  Railway  Company, 

By  R.  N.  Baylies. 


STREET  RAILWAYS. 


713 


An  Ordinance  granting  to  the  Springfield  City  Railway  Company  the  right  to 

construct  and  operate  an  electric  street  railway  on  certain  streets  in  the  city  of 

Springfield.  [Approved  January  8,  1891.] 

1337.  Permit  to  construct  and  operate  an  electric  street 
railway,  along  certain  streets.]  § 1.  That  subject  to  the 
provisions  and  regulations  hereinafter  named,  and  to  the  re- 
quirements of  the  general  ordinances  of  said  city,  and  to  all  or- 
dinances that  may  be  hereafter  passed  concerning  streets  and 
street  railways,  there  is  hereby  granted  to  the  Springfield  City 
Railway  Company,  its  successors  and  assigns,  the  right  and 
authority  to  construct  and  operate  an  electric  street  railway,  with 
necessary  side  tracks,  turn-outs  and  switches  on  Spring  street 
in  said  city,  from  Monroe  street  to  South  Grand  avenue.  Said 
tracks,  side-tracks,  turn-outs  and  switches  shall  be  located  by 
and  under  the  direction  of  the  street  and  alley  committee,  and 
said  railway  company  shall  plank  with  two  inch  good  oak  plank 
between  its  rails,  and  six  inches  on  either  side,  at  the  inter- 
section of  streets  and  alleys  and  cross  walks  on  streets,  where 
there  is  no  pavement. 

1338.  Poles  and  wires.]  § 2.  To  enable  said  company  to 
operate  by  electricity,  it  is  hereby  authorized  to  erect  suitable 
trimmed  and  pointed  poles  and  supports  along  said  street  from 
the  generator  or  power  station  or  stations  or  car  houses,  to  and 
along  the  line  of  said  railway,  and  to  connect  the  poles  and  sup- 
ports by  such  wires  as  may  be  necessary  for  the  transmission 
of  power  and  successful  operation  of  said  railway.  Select, 
straight  cedar  poles  shall  be  used,  of  uniform  size,  about  seven 
inches  in  diameter  at  the  top  end,  and  ten  or  twelve  inches 
in  diameter  at  the  ground  line.  All  poles  shall  be  dressed 
smooth  and  straight,  and  neatly  rounded  or  pointed  at  the  top 
end,  and  set  perpendicular  in  straight  alignment  with  the 
curbing. 

1339.  Provisions  in  regard  to  poles  and  wires.]  § 3.  The 

said  wires  shall  be  suspended  not  less  than  eighteen  feet  above 
the  rail,  and  no  person  or  companies  shall  place  any  wires  be- 
neath the  wires  of  said  company  in  such  a way  as  to  obstruct 
the  practical  operation  of  its  road ; and  the  poles  shall  be  placed 
not  less  than  one  hundred  feet  apart,  except  at  the  intersection 
of  streets  and  avenues,  where  the  said  distance  will  place  the 


744 


SPECIAL  ORDINANCES  OF  CITY. 


poles  in  the  intersecting  streets  and  avenues.  Said  poles,  shall, 
at  all  times,  be  kept  neatly  painted:  Provided , that  where 

necessary  to  set  poles  inside  the  fire  limits,  the  same  shall 
be  of  iron;  but  nothing  herein  shall  preclude  said  company 
using  poles  already  erected.  Said  poles  shall  be  erected 
under  the  direction  of  the  city,  through  the  street  and  alley 
committee.  The  supporting  wires,  guard  wires  and  fixtures, 
comprising  the  overhead  construction,  shall  be  of  a neat  design, 
and  put  up  and  constructed  in  a uniform  neat  and  substantial 
manner. 

1340.  Penalty  for  removing  or  breaking  wires.]  § 4. 

Any  person  other  than  an  officer  or  employe  of  the  city,  who 
shall  willfully  remove  or  break  any  of  the  wires  used  by  said 
railway  company  in  the  operation  of  its  railway,  shall  be  fined 
in  a sum  not  to  exceed  two  hundred  dollars  for  each  wire  or  part 
of  wire  removed  or  broken. 

1341.  Tracks  must  conform  to  grade.]  § 5.  If  at  any 

time  the  city  shall  establish  a grade  on  any  street  or  avenue 
used  or  occupied  by  the  track  or  tracks  of  said  company,  or 
shall  change  the  grade  already  established,  the  said  railway  com- 
pany, its  successors  and  assigns,  shall  raise  or  lower  its  track 
to  conform  to  said  grade,  when  notified  so  to  do  by  the  city 
council  or  city  engineer,  at  its  own  cost  and  expense. 

1342.  Provisions  in  regard  to  paving.]  § 6.  On  all 

streets,  when  the  same  or  any  part  thereof  shall  be  ordered  to 
be  paved  by  the  city  council,  said  company's  right  of  way  there- 
on included  in  such  order  shall  be  paved  between  the  rails  of  its 
track  and  for  the  space  of  twelve  inches  outside  of  said  rail  and 
between  the  main  track  and  switches  with  such  material  and 
in  such  manner  as  the  city  council  shall  order,  and  all  pav- 
ing required  to  be  laid  by  said  company  shall  be  laid  and  kept 
in  repair  with  the  same  material  used  in  it  and  at  the  expense 
of  the  company,  and  if  the  said  company,  its  successors  and 
assigns,  shall  fail  to  comply  with  the  provisions  requiring  it 
to  repair  and  pave  on  its  right  of  way  on  any  street,  after  no- 
tice to  do  so  by  the  city  council  or  city  engineer,  by  service 
thereon  on  any  officer  of  said  company  after  thirty  days  after 
receiving  such  notice,  the  said  company  shall  forfeit  and  pay  into 


STREET  RAILWAYS. 


745 


the  city  treasury  the  sum  of  ten  dollars  per  day  upon  the  time 
said  company  shall  fail  to  put  down  or  repair  said  paving  as 
liquidated  damages,  the  same  to  be  recoverable  of  and  from 
said  company  by  the  city  of  Springfield  at  the  expense  of  said 
company,  and  said  company  to  repay  the  costs  thereof  to  the 
•city  upon  demand. 

1343.  Guard  wires.]  § 7.  And  it  is  made  the  duty  of 
said  company  to  stretch  and  maintain  a suitable  guard-wire 
along  and  above  its  electric  cable,  and  over  wires  at  all  points 
within  the  city  where  other  wires,  belonging  to  other  companies, 
axe  suspended  from  or  above  said  electric  cable,  the  same  to  be  ex- 
tended along  the  whole  line  of  said  railway,  when  required  by 
the  city  council,  and  in  case  of  wilful  violation  of  this  section 
said  company  shall  be  subject  to  a fine  of  not  exceeding  two 
hundred  dollars  for  each  and  every  day  of  such  violation. 

1344.  Time  for  commencing  and  completing  the  work.] 

;§  8.  The  rights  and  privileges  granted  by  this  ordinance 
shall  be  forfeited  to  the  city  of  Springfield,  unless  the  said  com- 
pany shall  commence  the  construction  of  said  railway  within 
thirty  days  of  the  passage  of  this  ordinance,  and  fully  com- 
plete and  operate  the  same  within  six  months  from  the  date  of 
the  passage  of  this  ordinance,  unless  the  city  council  shall,  by  or- 
dinance, extend  the  time. 

1345.  Shall  protect  the  city  from  damage  suits.]  § 9. 

The  Springfield  City  Railway  Company,  its  successors  and  as- 
signs, and  all  persons  or  corporations  owning,  leasing,  operat- 
ing or  controlling  said  railway,  shall  save  and  keep  harmless 
the  city  of  Springfield,  on  account  of  any  and  all  damages  and 
costs  on  any  causes  of  action  that  may  be  brought  by  or  accrue 
to  any  person  or  persons,  companies  or  corporations  against 
said  city  at  any  time  hereafter,  by  reason  of  this  grant,  or  by 
reason  of  the  construction  and  operation  of  said  railway,  or 
any  part  of  it,  in  which  the  city  may  be  sued  or  impleaded  with 
said  company,  its  successors  and  assigns,  or  otherwise. 

1346.  Rate  of  fare.]  § 10.  The  rate  of  fare  for  a continu- 
ous trip  in  one  direction  shall  not  exceed  five  cents  for  any  per- 
son. All  passengers  after  paying  one  fare  shall  be  entitled  to 
receive  transfer  tickets  for  a continuous  trip,  which  will  pass 


SPECIAL  ORDINANCES  OF  CITY. 


74  G 

them  from  the  line  of  railway  upon  which  said  fare  is  paid,  to 
any  point  on  any  other  line  of  street  railway  that  is  being  now 
or  may  be  hereafter  operated  by  the  Springfield  City  Kailway 
Company. 

1347.  Must  accept  within  fifteen  days.]  §11.  This  ordi- 
nance shall  take  effect  and  be  in  force  only  upon  the  filing 
within  fifteen  days  after  its  passage  in  the  office  of  the  city  clerk 
of  said  city,  by  said  Springfield  City  Railway  Company,  its 
successors  or  assigns,  of  its  acceptance  of  the  terms  thereof, 
which  acceptance  shall  be  in  writing,  and  be  reported  by  the 
clerk  to  the  city  council  and  entered  in  full  upon  the  journal 
thereof,  and  this  ordinance  shall  continue  in  force  for  the 
period  of  twenty  years,  subject  to  the  conditions  aforesaid. 

Acceptance. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield: 

The  Springfield  City  Railway  Company  hereby  accepts  the  terms  of  an  ordi- 
nance, passed  by  your  honorable  body  January  5,  1891,  approved  January  8,  1891, 
entitled,  “An  ordinance  granting  to  the  Springfield  City  Railway  Company  the 
right  to  construct  and  operate  an  electric  street  railway  over  certain  streets  in  the 
city  of  Springfield.” 

Very  respectfully, 

Springfield  City  Railway  Company, 
January  12,  1891.  By  R.  N.  Bayliss,  President. 

CITIZENS'  STREET  RAILWAY. 

An  Ordinance  authorizing  the  construction  of  the  Citizens’  Street  Railway  and 
Improvement  Company.  [Passed  April  1,  1879.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1348.  Permission  to  construct  a railway  on  certain  named 

streets.]  § 1.  There  is  hereby  granted  to  J.  H.  Schuck, 
Henson  Robinson,  0.  F.  Stebbins,  Frank  Reisch,  J.  N.  Reece, 
Jonathan  E.  K.  Herrick,  A.  H.  Saunders,  and  such  other  per- 
sons as  may  hereafter  become  associated  with  them,  to  be  known 
as  the  Citizens’  Street  Railway  and  Improvement  Company,  and 
to  their  executors,  administrators  and  assigns,  permission,  au- 
thority and  consent  of  the  city  council  of  the  city  of  Spring- 
field  to  lay  a track  for  a street  railway,  with  all  the  necessary 
turnouts,  side-tracks  and  switches,  to  operate  the  same  over 
and  upon  the  following  streets  of  said  city:  Commencing  at 

the  intersection  of  Second  street  and  South  Grand  avenue,  and 


STREET  RAILWAYS. 


747 


running  thence  north  on  Second  street  to  Capitol  avenue,  thence 
east  on  Capitol  avenue  to  Sixth  street,  thence  north  on  Sixth 
street  to  Washington  street,  thence  east  on  Washington  street 
to  Ninth  street,  thence  north  on  Ninth  street  to  North  Grand 
avenue,  thence  west  on  North  Grand  avenue  to  Eighth  street. 
Also,  east  on  North  Grand  avenue  to  the  center  line  of  Eleventh 
street,  continued.  [As  amended  by  ordinance  passed  June  6, 
1879. 

1349.  Rights  of  company — how  forfeited.]  § 2.  The 

rights  and  privileges  granted  to  the  Citizens’  Street  Railway 
and  Improvement  Company,  to  control  and  operate  said  street 
railway  over  and  upon  said  streets,  shall  be  forfeited  to  the  city 
of  Springfield  unless  said  company  shall  commence  the  con- 
struction of  said  street  railway  within  ninety  days,  and  fully 
complete  and  operate  the  same  within  one  year  from  the  date 
of  the  passage  of  this  ordinance,  unless  the  city  council  shall, 
by  ordinance,  extend  the  time. 

1350.  Permission  to  build  railway  on  certain  other  streets.] 

§ 3.  Permission,  authority  and  consent  is  also  given  to  the 
Citizens’  Street  Railway  Company  to  construct  a track  for  a 
street  railwa}^  with  all  the  necessary  turnouts,  side-tracks  and 
switches,  to  operate  the  same  over  and  upon  the  following 
streets:  Commencing  at  the  junction  of  Eleventh  street  and 

South  Grand  avenue,  running  thence  north  on  Eleventh  street 
to  Washington  street,  thence  west  on  Washington  street  to  Fourth 
street,  thence  north  on  Fourth  street  to  Jefferson  street,  thence 
west  on  Jefferson  street  to  First  street,  thence  north  on  First 
street  to  Mason  street,  thence  west  on  Mason  street  to  Rut- 
ledge street,  thence  north  on  Rutledge  street  to  North  Grand 
avenue,  thence  east  on  North  Grand  avenue  to  Monument  street. 

1351.  Rights — when  to  be  forfeited.]  § 4.  The  rights 
and  privileges  granted  to  the  Citizens’  Street  Railway  and  Im- 
provement Company  to  construct  and  operate  said  street  railway 
over  and  upon  said  streets,  as  provided  for  in  section  3 of  this 
ordinance,  shall  be  forfeited  to  the  city  of  Springfield,  unless 
said  company  shall  commence  the  construction  of  said  street 
railway  within  six  months,  and  fully  complete  and  operate  the 
same  within  eighteen  months  from  the  date  of  the  passage  of 


SPECIAL  ORDINANCES  OF  CITY. 


748 

this  ordinance,  unless  the  city  council  shall,  by  ordinance,  ex- 
tend the  time. 

1352.  Company  to  give  five  days’  notice  to  the  mayor,  etc.] 

§ G.  That  before  occupying  or  using  any  street  of  said  city 
for  the  purpose  aforesaid,  the  proper  officers  of  said  street  rail- 
way company  shall  give  at  least  five  days’  notice  thereof,  in 
writing,  to  the  mayor  and  city  supervisor. 

1353.  Track  to  be  laid  even  with  the  grade  of  the  street, 
etc.]  § 6.  The  track  of  said  street  railway  shall  be  laid  on 
a grade  even  with  the  grade  of  the  streets  or  highways  through 
and  over  which  it  may  pass,  so  that  the  free  flow  of  water  in 
the  lateral  and  cross  gutters  is  not  obstructed,  and  shall  in  all 
other  respects  conform  to  the  grade  of  the  street  at  the  time 
the  track  is  laid,  or  may  hereafter  be  established  by  the  city 
of  Springfield;  and  the  track  shall  not  be  elevated  above  the 
surface  of  the  street;  and  said  street  railway  company  shall, 
at  all  times,  keep  in  good  repair  and  condition  all  portions  of 
any  streets  or  highways  over  which  they  may  pass. 

1354.  Gauge  of  track — kind  of  rail  to  be  used — rate  of  fare.] 

§ 7.  The  gauge  of  said  track  of  said  street  railway  company 
shall  be  3 feet  5 inches,  and  the  rail  used  in  the  construction 
of  said  track  shall  be  the  T or  flat  rail,  and  said  railway  shall 
be  kept  in  good  order  and  repair  by  said  company,  and  shall 
be  operated  at  all  reasonable  times  for  the  use  of  the  public ; 
and  each  passenger  may  be  required  to  pay  a fare  of  not  exceed- 
ing five  cents:  Provided , the  said  company  shall  use  the  flat 

rail  only  on  streets  now  paved,  or  that  may  hereafter  be  paved 
by  the  city. 

1355.  Length  of  cross-ties — track  to  be  planked.]  § 8. 

The  cross-ties  used  in  the  construction  of  said  track  shall  not 
extend  over  twelve  inches  on  the  outside  of  each, rail,  except 
on  Washington  street  between  Sixth  and  Ninth  streets,  and  the 
track  shall  be  planked  solid  between  the  rails,  and  on  the  out- 
side of  the  rails  to  the  ends  of  the  cross-ties,  with  two  and  one- 
half  (2y2)  inch  plank,  so  as  not  to  obstruct  the  passing,  cross- 
ing or  traveling  of  said  street  by  other  vehicles. 

1356.  Rights  reserved  by  the  city.]  § 9.  The  city  of 
Springfield  reserves  the  right  to  take  up  and  remove  the  track 


STREET  RAILWAYS. 


749 


of  said  company  whenever  it  shall  be  necessary  for  the  repair 
and  improvement  of  the  streets,  or  for  the  laying  of  water  or 
gas  pipes,  or  for  the  construction  of  sewers,  or  for  other  purposes, 
on  the  streets  on  which  said  tracks  may  be  laid,  and  such  im- 
provements shall  be  made  by  the  city  without  unnecessary  delay, 
and  the  track  shall  be  taken  up  and  relaid  by  the  said  company 
at  their  own  cost  and  expense. 

1357.  Company  to  do  necessary  grading,  etc. — culverts  and 
ditches.]  § 10.  Said  company  shall  do  all  the  necessary  grad- 
ing in  order  to  make  their  tracks  conform  to  the  grades  of  the 
streets,  and  shall  construct  and  keep  in  good  repair  sufficient 
and  suitable  ditches  and  culverts,  wherever  they  may  be  neces- 
sary from  the  laying  of  said  railway ; said  grading  and  construc- 
tion of  culverts  and  ditches  shall  be  done  according  to  the  plans 
and  under  the  supervision  of  the  city  engineer;  said  company 
shall  relay  all  planking  and  street  crossings,  and  leave  the  plank- 
ing in  as  good  repair  as  it  was  before  being  removed. 

1358.  Liable  for  injuries  and  damages.]  § 11.  The  said 
railway  company  shall,  in  all  cases,  be  legally  liable  for  all 
injuries  and  damages  resulting  to  any  person  through  care- 
lessness or  negligence  of  any  person  operating  or  employed 
on  said  road  ; also  for  all  the  damages  to  private  property  from 
the  use  and  occupancy  of  any  street  so  used  or  occupied  by 
them  for  the  purpose  aforesaid. 

1359.  Subject  to  all  ordinances.]  § 12.  Said  company  shall 
be  subject  to  all  ordinances  of  the  city  council  heretofore  passed, 
and  also  to  all  ordinances  that  may  be  hereafter  passed  con- 
cerning streets  and  street  railroads. 

1360.  Right  reserved  by  city  to  construct  railways.]  § 13. 

The  city  of  Springfield  reserves  the  right  to  construct  rail- 
ways on  such  streets  or  avenues,  or  may  cross-  any  of  the  streets 
or  avenues  upon  which  said  company  is  hereby  authorized  to 
build  a road. 

1361.  Company  not  to  obstruct  street,  etc.]  § 14.  Nor 

shall  said  street  railway  company,  in  laying  down  its  track, 
side-tracks,  turnouts  or  switches,  unnecessarily  obstruct  any 
street,  alley  or  sidewalk,  for  an  unreasonable  length  of  time. 


750 


SPECIAL  ORDINANCES  OF  CITY. 


1362.  Company  to  notify  city  council  of  their  acceptance 
of  ordinance.]  § 15.  The  Citizens’  Street  Railway  and  Im- 
provement Company  shall,  before  proceeding  to  act  under  this 
ordinance,  notify  the  city  council  of  their  acceptance  thereof, 
in  writing,  which  shall  be  entered  in  full  upon  the  journal  of 
the  city  council. 

1363.  Crossings  and  street  pavements,  when  removed  to  be 
replaced,  etc.]  § 1G.  Said  railway  company  shall  replace  any 
and  all  crossings  and  street  pavements,  disturbed,  injured  or 
removed  for  the  purpose  of  laying  or  repairing  their  track, 
in  as  good  condition  as  the  same  was  before  such  disturbance, 
injury  or  removal,  and  shall  keep  and  maintain  such  street 
pavement  and  crossing  between  the  rails  of  its  track,  and  for 
the  space  of  twelve  inches  outside  of  said  rails,  where  such 
crossings  are  now  or  hereafter  shall  be  laid  or  put  down  by  the 
city,  in  good  repair. 

1364.  Penalty.]  § 17.  Said  company  shall  be  liable  to  a 
penalty  of  twenty-five  dollars  for  any  violation  or  disregard 
of  the  provisions  of  this  ordinance,  and  the  recovery  of  one  fine 
shall  be  no  bar  to  a recovery  for  further  violation  or  disre- 
gard as  aforesaid. 

1365.  Ordinance  to  remain  in  force  twenty-five  years — 
unless,  etc.]  § 18.  This  ordinance  shall  be  and  remain  in 
force  twenty-five  years  from  and  after  its  approval,  unless 
said  street  railway  company  shall  violate  any  of  the  provisions 
of  this  ordinance,  when  the  city  may,  in  their  discretion,  de- 
clare said  rights  and  privileges  forfeited;  and  the  notice  in 
writing  by  said  company  to  the  city  council  of  their  accept- 
ance hereof,  shall  be  a full  consent  of  said  company  to  all  the 
provisions  of  this  ordinance. 

1366.  Planking — double  track  on  Washington  street.] 

§ 19.  Said  company  shall  plank  Washington  street  from  Sixth 
to  Tenth  streets,  with  two  and  one-half  inch  (2 y2)  plank,  within 
18  inches  of  the  outside  of  each  rail,  unless  said  company  puts 
down  double  track  between  said  streets. 


STREET  RAILWAYS. 


751 


Acceptance  by  the  company  of  foregoing  ordinance. 

City,  April  3,  1879. 

To  the  Honorable  Mayor  and  City  Council  of  Springfield: 

As  president  of  the  corporation  of  the  Citizens’  Street  Railway  and  Improve- 
ment Company,  I hereby  accept  the  ordinance  passed  by  the  city  council  of 
Springfield,  April  2,  [1]  1879. 

J.  H.  Schuck, 

President. 


An  Ordinance  to  amend  an  ordinance  entitled  “An  ordinance  authorizing  the 
construction  of  the  Citizens’  Street  Railway  and  Improvement  Company,” 
passed  April  1,  1879.  [Passed  April  7,  1880.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1367.  § 1.  That  an  ordinance  entitled  “An  ordinance 
authorizing  the  construction  of  the  Citizens’  Street  Railway 
and  Improvement  Company/’  passed  April  1,  1879,  and  amended 
June  6th,  1879,  be,  and  the  same  is  hereby,  amended  by  add- 
ing thereto  the  following  sections: 

1368.  Right  of  way  granted  on  parts  of  certain  streets.] 

§ 2.  The  right,  authority  and  consent  of  the  city  council  of 
the  city  of  Springfield  is  hereby  given  to  said  Citizens’  Street 
Railway  and  Improvement  Company  to  lay  a track  for  a street 
railway,  with  the  necessary  turnouts,  side-tracks  and  switches, 
and  to  operate  the  same  over  and  upon  the  following  streets 
of  said  city,  to-wit:  Commencing  at  the  intersection  of  Wash- 

ington and  Fourth  streets,  and  running  thence  west  on  Wash- 
ington street  to  Second  street,  thence  north  on  Second  street 
to  Carpenter  street,  thence  west  on  Carpenter  street  to  Rut- 
ledge street,  thence  north  on  Rutledge  street  to  North  Grand 
avenue,  and  thence  west  on  North  Grand  avenue  to  Bond  street. 
Also,  commencing^  at  the  intersection  of  Second  and  Edwards 
streets,  and  running  thence  west  on  Edwards  street  to  Spring 
street,  thence  south  on  Spring  street  to  South  Grand  avenue, 
and  thence  east  on  South  Grand  avenue  to  Second  street. 

1369.  Time  extended  to  complete  railway.]  § 3.  The 

time  within  which  said  Citizens’  Street  Railway  and  Improve- 
ment Company  shall  begin  the  construction  and  put  into  opera- 
tion the  unbuilt  and  uncompleted  lines  or  divisions  of  said 
street  railway,  in  said  city,  is  hereby  extended  to  one  year  from 
and  after  the  passage  of  this  ordinance. 


SPECIAL  ORDINANCES  OF  CITY. 


752 

1370.  Subject  to  the  provisions  of  prior  ordinances.]  § 4. 

This  ordinance,  except  as  hereinbefore  otherwise  provided,  shall 
be  subject  to  all  the  provisions  and  conditions  of  the  ordinance 
to  which  it  is  an  amendment,  and  to  all  ordinances  of  a gen- 
eral nature,  in  force,  in  relation  to  horse  or  street  railways. 

1371.  Take  effect  from  passage.]  § 5.  This  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  granting  the  right  of  way  to  the  Citizens’  Street  Railway  Com- 
pany on  certain  streets  therein  named.  [Passed  September  16,  1881.  Approved 

September  16,  1881.] 

Whereas,  The  Citizens’  Street  Railway  Company,  (hereto- 
fore known  as  “The  Citizens’  Street  Railway  and  Improve- 
ment Company,”)  after  giving  the  notice  required  by  law, 
have  petitioned  the  mayor  and  city  council  of  the  city  of  Spring- 
field  to  grant  to  said  company  the  right  to  locate,  construct 
and  operate  a horse  railroad  upon  Second  street,  from  Ed- 
wards street  south  to  South  Grand  avenue;  also,  on  Edwards 
street,  from  Second  street  west  to  Walnut  street,  and  thence 
south  on  Walnut  street  to  South  Grand  avenue,  in  said  city; 
therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1372.  The  company  authorized  to  construct  and  operate  a 
road  on  parts  of  certain  streets.]  § 1.  That  the  right, 

authority  and  consent  of  the  city  council  of  the  city  of  Spring- 
field  is  hereby  given  to  the  Citizens’  Street  Railway  Company 
to  locate,  construct  and  operate  a horse  or  street  railroad,  with 
the  necessary  side-tracks,  turnouts  and  switches,  upon  and  along 
the  following  streets  or  parts  of  streets,  in  said  city,  to-wit : 
Commencing  at  the  intersection  of  Second  and  Edwards  streets, 
thence  south  on  Second  street  to  South  Grand  avenue;  also,  . 
on  E wards  street,  from  Second  street  west  to  Walnut  street,  and 
thence  south  on  Walnut  street  to  South  Grand  avenue. 

1373.  Rights  and  privileges — how  forfeited.]  § 2.  The 

rights  and  privileges  herein  granted*  to  the  Citizens’  Street 
Railway  Company  shall  become  forfeited  to  the  city,  unless 
said  company  shall  commence  the  construction  of  said  railroad 
on  Second  street,  and  fully  complete  the  same,  within  one  year, 
and  on  Edwards  and  Walnut  streets  within  eighteen  months, 


STREET  RAILWAYS. 


753 


from  the  passage  of  this  ordinance : Provided , that  the  city 

council  may,  by  ordinance,  extend  the  time. 

1374.  Company  to  give  notice  of  acceptance,  etc.]  § 3. 
The  said  company  shall,  before  proceeding  to  act  under  this 
ordinance,  notify  the  city  council,  in  writing,  of  their  accept- 
ance thereof,  which  notice  shall  be  filed  with  the  city  clerk, 
and  entered  in  full  upon  the  journal  of  the  city  council. 

1375.  Track  to  be  laid  even  with  the  grade  of  streets.] 
§ 4.  The  track  of  said  horse  railroad  shall  be  laid  on  a grade 
even  with  the  grade  of  the  streets  through  and  over  which  it 
may  pass,  so  that  the  free  flow  of  water  in  the  lateral  and  cross 
gutters  is  not  obstructed,  and  shall,  in  all  other  respects,  con- 
form to  the  grade  of  the  streets,  as  given  by  the  city  engineer 
at  the  time  of  the  laying  of  the  track,  or  which  may  hereafter 
be  established  by  the  city  of  Springfield;  and  said  track  shall 
not  be  elevated  above  the  surface  of  the  street. 

1376.  Gauge  of  track — rail — cross-ties — planking.]  § 5. 
The  gauge  of  the  track  of  said  railroad  shall  be  not  less  than  three 
feet  six  inches,  and  the  rail  used  in  the  construction  of  said  track 
shall  be  the  T rail, — or  the  tram  rail,  if  said  company  should 
so  elect.  The  cross-ties  used  in  the  construction  of  said  track 
shall  not  extend  over  twelve  inches  on  the  outside  of  each  rail, 
and  the  track  shall  be  planked  solid  between  the  rails,  and  for 
not  less  than  eight  inches  on  the  outside  of  the  rails,  with  two 
(2)  inch  oak  plank,  so  as  not  to  obstruct  the  passing,  crossing 
or  travel  of  said  streets  by  other  vehicles. 

1377.  Company  to  do  necessary  grading — make  ditches  and 
culverts — relay  crossings.]  § 6.  The  said  company  shall  do 
all  necessary  grading  in  order  to  make  their  tracks  conform 
to  the  grade  of  the  streets,-  and  shall  construct  and  keep  in 
good  repair  suitable  ditches  and  culverts,  wherever  they  may 
be  necessary  from  the  laying  of  said  railroad,  the  said  grad- 
ing and  construction  of  culverts  and  ditches  to  be  done  under 
the  supervision  of  the  city  engineer;  and  said  company  shall 
relay  all  planking  and  street  crossings,  and  leave  the  same  in 
as  good  condition  as  before  removal';  and  said  company,  in  lay- 
ing its  track,  side-tracks  and  switches  shall  not  unnecessarily 
obstruct  any  street,  alley  or  sidewalk,  nor  for  an  unreasonable 
length  of  time. 


754 


SPECIAL  ORDINANCES  OF  CITY. 


1378.  How  road  to  be  operated — rate  of  fare.]  § 7.  Said 

company  shall  keep  said  railroad  in  good  order  and  repair,  and 
shall  operate  the  same  at  all  reasonable  times  for  the  use  of 
the  public,  and  may  require  each  passenger  to  pay  a fare  of 
not  exceeding  five  cents  for  a single  ride. 

1379.  Rights  reserved  by  city.]  § 8.  The  city  of  Spring- 

field  hereby  reserves  the  right  to  take  up  and  remove  the  track 
of  said  company  whenever  it  shall  be  necessary,  for  the  im- 
provement of  the  streets,  or  for  the  laying  of  water  or  gas  pipes, 
or  for  the  construction  of  sewers,  or  for  other  purposes,  on  the 
streets  on  which  said  track  or  tracks  may  be  laid,  and  such  im- 
provements shall  be  made  by  the  city  without  unnecessary  de- 
lay, and  the  track  shall  be  taken  up  and  relaid  by  said  com- 
pany at  their  own  expense. 

1380.  Liability  of  company  for  injuries  and  damages.] 

§ 9.  The  said  railway  company  shall  be  legally  liable  for  all 
injuries  and  damages  resulting  to  any  person  or  persons  from 
the  carelessness  or  negligence  of  any  person  operating  or  em- 
ployed on  said  railroad,  and  also  for  all  damages  to  the  owners 
of  property  abutting  upon  any  of  said  streets  by  reason  of  the 
location  and  construction  of  said  road. 

1381.  Rights  subject  to  existing  ordinances,  etc.]  § 10. 

The  rights  and  privileges  herein  granted  to  said  company  shall 
be  subject  to  all  existing  ordinances,  and  to  all  ordinances  that 
may  be  hereafter  passed  by  the  city  council,  concerning  horse 
or  street  railroads. 

1382.  Penalty.]  § 11.  The  said  Citizens’  Street  Railway 
Company  shall  be  liable  to  a penalty  of  twenty-five  dollars 
for  any  violation  or  disregard  of  the  provisions  of  this  ordi- 
nance, and  the  recovery  of  one  fine  shall  be  no  bar  to  a re- 
covery for  further  violations  or  disregard  of  the  provisions 
hereof. 

1383.  In  force  twenty  years  from  passage.]  § 12.  This 

ordinance  shall  be  and  remain  in  force  twenty  years  from  and 
after  its  passage  and  approval. 


STREET  RAILWAYS. 


755 


Acceptance  of  the  foregoing  ordinance. 

To  the  Honorable  Mayor  and  Members  of  the  City  Council  of  Springfield: 

Gents— 1 hereby  accept  an  ordinance,  granting  the  right  of  wav  to  the  Cit- 
izens’ Street  Railway  Co.,  on  certain  streets  therein  named,  passed  September 
16,  1881,  and  approved  same  date  by  the  Mayor. 

J.  H.  Schuck, 

City,  September  27,  1881.  President. 


An  Ordinance  to  amend  an  ordinance  entitled  “An  ordinance  granting  the 
right  of  way  to  the  Citizens’  Street  Railway  Company  on  certain  streets 
-therein  named.  Passed  September  16,  1881.  Approved  September  16,  1881.” 
[Passed  July  12,  1886.  Approved  July  13,  1886.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1384.  Amending  ordinance  passed  Sept.  16,  1881.]  § 1. 

That  the  ordinance  entitled,  “An  ordinance  granting  the  right 
of  way  to  the  Citizens*  Street  Railway  Company  on  certain 
streets  therein  named,  passed  September  16,  1881,  approved 
September  16,  1881/*  be,  and  the  same  is  hereby  amended  by 
adding  thereto  the  following  sections : 

1385.  Permit  to  operate  a street  railway  along  certain 

streets.]  § 2.  The  right,  authority  and  consent  of  the  city 
council  of  the  city  of  Springfield,  is  hereby  given  to  said  Citi- 
zens* Street  Railway  Company  to  lay  a track  for  a street  rail- 
way, with  the  necessary  side-tracks,  turnouts,  and  switches,  and 
operate  the  same  over  and  upon  the  following  streets  of  said 
city,  to-wit:  From  the  intersection  of  North  Grand  avenue 

and  Franklin  avenue,  west  along  North  Grand  avenue  to  its 
intersection  with  West  Grand  avenue:  Provided , that  the  cen- 

ter line  of  their  main  track,  or  of  any  track  of  any  switch,  shall 
be  laid  at  least  twenty  feet  north  of  the  center  line  of  North 
Grand  avenue. 

1386.  When  to  begin  construction.]  § 3.  The  said  Citi- 
zens* Street  Railway  Company  shall  begin  the  construction  of 
said  track  and  put  it  into  operation  within  sixty  days  after 
the  passage  of  this  ordinance. 

1387.  Subject  to  all  ordinances.]  § 4.  This  ordinance, 
except  as  hereinbefore  otherwise  provided,  shall  be  subject  to 
all  the  provisions  and  conditions  of  the  ordinance  to  which  it 
is  an  amendment,  and  to  all  ordinances  of  a general  nature  in 
force  in  relation  to  horse  or  street  railways. 


75(1 


SPECIAL  ORDINANCES  OF  CITY. 


1388.  When  in  force.]  § 5.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage. 


An  Ordinance  granting  to  the  Citizens’ Street  Railway  Company  permission 
to  extend  its  railioad  track  on  parts  of  South  Eleventh  street  and  South  Grand 
avenue.  [ Passed  September  3,  1883.  Approved  September  4,  1883.] 

Whereas,  The  Citizens’  Street  ltailway  Company,  of  the 
city  of  Springfield,  has  petitioned  the  mayor  and  city  council 
of  said  city  for  permission  to  locate,  construct  and  operate  a 
horse  or  street  railroad,  with  the  necessary  side-tracks  and 
switches,  from  the  present  termination  of  its  line  on  South 
Eleventh  street,  at  or  near  the  intersection  of  Kansas  street, 
south  on  said  Eleventh  street  to  South  Grand  avenue,  and  thence 
west  on  said  avenue  to  Ninth  street;  and, 

Whereas,  Tt  appears  that  said  railway  company  had  given 
the  notice  required  hy  law  in  advance  of  presenting  said  pe- 
tition, and  that  the  land  owners  representing  more  than  one- 
half  the  frontage  on  said  street  and  avenue,  or  [on]  so  much 
thereof  as  is  sought  to  be  used  for  horse  railroad  purposes, 
have  petitioned  the  city  council  for  the  laying  of  said  railroad 
track;  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Spring  field: 

1389.  Permission  given  company  to  construct  and  operate 
horse  railroad  on  parts  of  a certain  street  and  avenue.]  § 1. 

That  the  permission,  authority  and  consent  of  the  city  council 
of  said  city  be,  and  the  same  is  hereby,  given  and  granted  to 
said  Citizens'  Street  Railway  Company,  its  successors  or  as- 
signs, to  locate,  construct,  maintain  and  operate  a horse  or 
street  railroad,  with  the  necessary  side-tracks,  turn-outs  and 
switches,  in,  upon  and  through  the  following  parts  of  street  and 
avenue  in  said  city,  to-wit:  Commencing  at  the  present  ter- 

mination of  the  line  of  said  company,  on  South  Eleventh  street, 
at  or  near  the  intersection  of  Kansas  street,  thence  south  on 
said  Eleventh  street  to  South  Grand  avenue,  and  thence  west 
on  said  avenue  to  Ninth  street. 

1390.  Rights  and  privileges  granted,  subject  to  conditions.] 

§ 2.  The  rights  and  privileges  granted  to  the  Citizens’  Street 
Railway  Company,  in  section  one  (1)  hereof,  shall  be  subject 
to  any  and  all  changes^  and  alterations  which  may  hereafter 


STREET  RAILWAYS. 


757 


be  required  by  the  city  council,  in  regard  to  the  location  and 
grade  of  the  track  or  tracks  and  switches  of  said  company,  on 
said  parts  of  street  and  avenue  aforesaid;  and  said  rights  and 
privileges,  so  granted,  shall  become  forfeited  to  the  city  of 
Springfield,  unless  the  said  company  shall  commence  the  con- 
struction of  said  railroad  track,  and  fully  complete  and  operate 
the  same,  within  twelve  months  from  the  date  of  the  passage 
of  this  ordinance. 

1391.  Company  to  be  liable  for  all  injuries  and  damages 
from  negligence,  etc.]  § 3.  The  said  railway  company  shall 
be  legally  liable  for  all  injuries  and  damages  resulting  to  any 
person  or  persons  through  the  negligence  or  carelessness  of 
any  person  operating  or  employed  upon  said  railroad,  and  for 
all  damages  to  private  property,  from  the  use  and  occupancy 
of  said  street  and  avenue,  or  parts  thereof,  for  the  purposes 
aforesaid. 

1392.  Company  to  notify  city  council  before  proceeding  to 
act  under  ordinance.]  § 4.  Said  company  shall,  before  pro- 
ceeding to  act  under  authority  of  this  ordinance,  notify  the 
city  council  of  its  acceptance  thereof,  by  notice  in  writing, 
which  shall  be  filed  by  the  company  with  the  city  clerk,  and 
spread  in  full  upon  the  journal  of  the  council. 

1393.  Further  conditions  and  restrictions — subject  to  general 
ordinances.]  § 5.  In  addition  to  the  foregoing  conditions  and 
restrictions,  the  said  railway  company  shall,  in  the  exercise 
of  the  rights  and  privileges  herein  granted,  be  subject  to  all 
the  conditions,  restrictions  and  penalties  imposed  by  an  ordi- 
nance entitled  “An  ordinance  authorizing  the  construction  of 
the  Citizens’  Street  Railway  and  Improvement  Company,” 
passed  by  the  city  council  April  1,  1879,  and  also  to  all  gen- 
eral ordinances  of  said  city  now  in  force,  or  wrhich  may  here- 
after be  in  force,  during  the  period  of  this  grant,  in  relation  to 
horse  or  street  railroads,  not  inconsistent  with  the  provisions 
of  this  ordinance. 

1394.  Ordinance  in  force  twenty  years — how  rights  under 
forfeited.]  § 6.  This  ordinance  shall  be  and  remain  in  force 
twenty  years  from  and  after  its  passage,  unless  said  company 
shall  violate  any  of  the  provisions  hereof,  in  which  case  the 


SPECIAL  ORDINANCES  OF  CITY. 


758 


city  council  may,  in  their  discretion,  declare  said  rights  and 
privileges  forfeited. 

The  company’s  acceptance  of  foregoing  ordinance. 

To  the  Honorable,  the  Mayor  and  City  Council  of  the  City  of  Springfield: 

Gentlemen— The  Citizens’  Street  Railway  Company  hereby  accepts  the 
ordinance  entitled  an  ordinance  granting  to  the  Citizens’  Street  Railway  Com- 
pany permission  to  extend  its  railroad  track  on  parts  of  South  Eleventh  street  and 
South  Grand  avenue,  passed  by  the  city  council  September  3,  1883. 

Citizens’  Street  Railway  Company, 

By  J.  H.  Schuck,  President. 

Springfield,  111.,  September  6,  1883. 


Ax  Ordinance  granting  to  the  Citizens’  Stfeet  Railway  Company  the  right  to 
construct  and  operate  an  electric  or  gas  motor  power  railway  over  certain 
streets  in  the  city  of  Springfield.  [Passed  January  17,  1890.  Approved  Janu- 
ary 20,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1395.  Right  to  operate  by  electric,  gas  motor  or  horse  power 
— not  to  obstruct  streets.]  § 1.  That  in  addition  to  the 
rights  and  privileges  now  owned  and  held  by  the  Citizens* 
Street  Railway  Company,  and  subject  to  the  provisions  and 
regulations  hereinafter  made,  and  to  the  existing  ordinances  of 
said  city  and  all  reasonable  ordinances  that  may  be  hereafter 
passed  concerning  streets  and  street  railways,  there  is  hereby 
granted  to  said  company,  its  successors  and  assigns,  the  right 
and  authority  to  operate  its  lines  of  railway  by  electric  power, 
or  gas  motor  power,  or  horse.  And  said  company  shall  at  all 
times  operate  its  lines  so  as  not  to  obstruct  the  public  use  of 
said  streets. 

1396.  Right  to  erect  poles  and  string  wires.]  § 2.  To 

enable  said  company  to  operate  by  electricity  it  is  hereby  au- 
thorized to  erect  suitable  trimmed  and  pointed  poles  and  sup- 
ports along  each  side  of  the  streets,  from  the  generator  or  power 
station  or  stations,  or  car  houses,  to  and  along  the  lines  of  said 
railway,  and  to  connect  the  poles  and  supports  by  such  wires 
as  may  be  necessary  for  the  transmission  of  power  and  the  suc- 
cessful operation  of  said  railway:  Selected  straight  cedar  poles 

shall  be  used,  of  uniform  size,  about  seven  inches  in  diameter 
at  the  top  end  and  ten  to  twelve  in  diameter  at  the  ground  line. 
All  poles  shall  be  dressed  smooth  and  straight,  and  neatly 


STREET  RAILWAYS. 


759 


rounded  or  pointed  at  the  top  end,  and  set  perpendicular  in 
straight  alignment  with  the  street  curbing. 

1397.  Wires — height  of — not  to  be  obstructed — poles — dis- 

tance apart — overhead  construction.]  § 3.  The  said  wires 
shall  be  suspended  not  less  than  eighteen  feet  above  the  rails, 
and  no  other  person  or  companies  shall  place  any  wires  be- 
neath the  wires  of  said  company  in  such  a way  as  to  obstruct 
the  practical  operation  of  its  road,  and  the  poles  shall  be  placed 
not  less  than  one  hundred  feet  apart  except  at  the  intersection 
of  streets  and  avenues  when  the  said  distance  will  place  the 
poles  or  supports  in  the  intersecting  streets  or  avenues.  Said 
poles  shall  at  all  times  be  kept  neatly  painted:  Provided , fur- 

ther, that  when  necessary  to  set  poles  inside  the  fire  limits  the 
same  shall  be  of  iron,  but  nothing  herein  shall  preclude  said 
company  from  using  poles  already  erected.  Said  poles  shall 
be  erected  under  the  direction  of  the  city  through  its  street 
and  alley  committee  or  proper  officer.  The  supporting  wires, 
guard-wires  and  fixtures  comprising  the  overhead  construc- 
tion shall  be  of  a neat  design  and  put  up  and  constructed  in 
a uniform,  neat  and  substantial  manner. 

1398.  Wires — penalty  for  removing  or  breaking.]  § 4. 

Any  person,  other  than  an  officer  or  employe  of  the  city,  who 
shall  wilfully  remove  or  break  any  of  the  wires  used  by  said 
railway  company  in  the  operation  of  its  railway,  shall  be  fined 
in  any  sum  not  to  exceed  two  hundred  dollars  for  each  wire 
or  part  of  wire  removed  or  broken. 

1399.  Grade — established  or  changed — company  to  con- 
form.] § 5.  If  at  any  time,  the  city  shall  establish  a grade 
on  any  street  or  avenue  used  or  occupied  by  the  track  or  tracks 
of  said  company  or  shall  change  the  grade  already  established, 
the  said  railway  company,  its  successors  and  assigns,  shall  raise  or 
lower  its  track  to  conform  to  said  grade  when  notified  so  to  do  by 
the  city  council  or  city  engineer,  at  its  own  costs  and  expense. 

1400.  Paving  of  right  of  way  by  company — penalty  for 
neglect — may  widen  its  gauge.]  § 6.  On  all  streets,  when 
the  same  or  any  part  thereof,  shall  be  ordered  to  be  paved  by 
the  city  council,  said  company’s  right  of  way  thereon,  included 
in  such  order,  shall  be  paved  between  the  rails  of  its  tracks 


SPECIAL  ORDINANCES  OF  CITY. 


7 GO 

and  for  the  space  of  twelve  inches  outside  of  said  rails,  with 
such  material  and  in  such  manner  as  the  city  council  shall  or- 
der; and  all  paving  required  to  be  laid  by  said  company  shall 
be  laid  and  kept  in  repair,  with  the  same  material  used  in  it,, 
and  at  the  expense  of  the  company.  And  if  the  said  com- 
pany, its  successors  and  assigns,  shall  fail  to  comply  with  the 
provisions  of  this  section,  requiring  it  to  repair  a pavement 
on  its  right  of  way  on  any  street,  after  notice  to  do  so  by  the 
city  council  or  engineer,  by  service  thereon  on  any  officer  of 
said  company,  for  thirty  days  after  receiving  such  notice,  such 
company  shall  forfeit  and  pay  into  the  city  treasury  the  sum 
of  ten  dollars  per  day  for  the  time  said  company  shall  fail  to 
put  down  or  repair  said  paving,  as  liquidated  damages,  the 
same  to  be  recoverable  of,  and  from  said  company,  by  the 
city  of  Springfield,  in  an  action  of  debt;  and  said  paving  may 
be  repaired  by  the  city  of  Springfield  at  the  expense  of  said 
company,  and  said  company  shall  repay  the  cost  thereof  to  the 
city  on  demand.  If  deemed  advisable  and  practicable,  by  said 
company,  to  widen  the  gauge  of  its  tracks  to  enable  it  to  operate 
its  lines,  said  company  shall  make  the  gauge  of  said  tracks 
four  feet  eight  and  one-half  inches,  and  in  so  doing,  shall 
restore  the  streets  and  pavements  to  as  good  condition  as  they 
were  prior  to  said  alteration,  at  its  own  expense  and  under  the 
supervision  of  the  superintendent  of  streets. 

1401.  Guard  wire — penalty  for  failure  to  put  up.]  § 7. 

That  it  is  made  the  duty  of  said  company  to  stretch  and  main- 
tain a suitable  guard  wire  along  and  above  its  electric  cables  and 
over  wires  at  all  points  within  the  city  where  other  wires  belong- 
ing to  other  companies  are  suspended  over  or  above  said  electric 
cables,  the  same  to  be  extended  along  the  whole  line  of  said 
railway  when  required  by  the  council.  And  in  case  of  willful 
violation  of  this  section  said  company  shall  be  subject  to  a 
fine  of  not  exceeding  two  hundred  dollars  for  every  day. 

1402.  When  to  be  commenced  and  completed — council  may 
extend  time.]  § 8.  Said  company,  its  successors  and  assigns, 
shall  commence  the  remodeling  of  said  railway  and  construct- 
ing the  appliances  for  propelling  cars  and  operating  said  road 
with  electric  motive  power  or  gas  motor  power  within  twelve 
months  after  the  passage  of  this  ordinance  and  fully  complete 


STREET  RAILWAYS. 


761' 


and  operate  the  same  within  twenty-four  months  from  the  pas- 
sage of  this  ordinance,  unless  the  city  council  shall,  by  ordi- 
nance, extend  the  time. 

1403.  City  to  be  kept  harmless.]  § 9.  Said  Citizens^ 
Street  Railway  Company,  its  successors  and  assigns,  and  all 
persons  or  corporations  owning,  leasing,  operating  or  con- 
trolling said  railway,  shall  save  and  keep  harmless  the  city  of 
Springfield  on  account  of  any-  and  all  damages  and  costs  in» 
all  causes  of  action  that  may  be  brought  by  or  accrue  to  any 
person  or  persons,  company  or  corporation  against  said  city 
at  any  time  hereafter  by  reason  of  this  grant,  or  by  reason  of 
the  construction  or  operation  of  said  railway,  or  any . part  of 
it,  in  which  the  city  may  be  sued  separately  or  impleaded  with, 
said  Compaq,  its  successors  and  assigns,  or  otherwise.. 

1404.  Acceptance.]  § 10.  Said  company  shall,  within 
sixty  days  from  the  passage  of  this  ordinance,  file  with  the 
city  clerk,  a written  acceptance  of  this  ordinance,  with  all  the 
obligations  and  conditions  thereof,  signed  by  its  president  and 
secretary. 


Acceptance. 

Springfield,  III.,  Feb.  20, 189tfc 
To  the  Hon.  Mayor  and  City  Council  of  Springfield,  Illinois: 

The  Citizens’  Street  Railway  Company  hereby  accepts  the  ordinance  giving- 
us  the  right  to  change  our  motive  power  and  to  change  gauge  of  our  track  passed 
by  the  city  council  of  Springfield  January  17,  1890. 

Signed : J.  H.  Schuck,  President. 

Charles  F.  Herman,  Secretary. 


An  Ordinance  granting  to  the  People’s  Electric  Gas  Motor  and  Horse  Railway 
Company  the  right  to  construct  and  operate  an  electric  gas  motor  or  horse- 
railway over  certain  streets  in  the  city  of  Springfield.  [Passed  February  11„. 
1890.  Approved  February  15,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1405.  Authority  to  construct  and  operate.]  § 1.  Subject 
to  the  provisions  and  regulations  hereinafter  made,  and  to  the 
requirements  of  the  general  ordinances  of  said  city  and  to  all 
ordinances  that  may  be  hereafter  passed  concerning  streets  and 
street  railways,  there  is  hereby  granted  to  said  company,  its- 
successors  and  assigns,  the  right  and  authority  to  construct  and 
operate,  by  electric  gas-motor  or  horse  power,  a street  raih- 


—26 


SPECIAL  ORDINANCES  OF  CITY. 


762 


way  with  the  necessary  side-tracks,  turn-outs  and  switches. 
Said  side-tracks,  turnouts  and  switches  shall  be  located  by  and 
under  the  direction  of  the  street  and  alley  committee,  in,  on 
and  along  the  following  streets  and  avenues  in  said  city,  viz. : 
Commencing  at  the  intersection  of  South  and  East  Grand 
avenues,  thence  west  on  South  Grand  avenue  to  Fifteenth 
street,  1 hence  north  on  Fifteenth  street  to  Washington  street, 
thence  west  on  Washington  street  to  West  Grand  avenue;  also 
commencing  at  the  intersection  of  West  and  South  Grand  avenue, 
thence  east  on  South  Grand  avenue  to  Spring  street,  thence 
north  on  Spring  street  to  Allen  street,  thence  east  on  Allen 
street  to  Second  street,  thence  north  on  Second  street  to  Capi- 
tol avenue,  thence  east  on  Capitol  avenue  to  Sixth  street,  thence 
north  on  Sixth  street  to  Washington  street;  also  commencing 
on  Ninth  street,  thence  north  to  North  Grand  avenue,  thence 
east  to  Eleventh  street;  also  commencing  at  Fourteenth  and 
Washington  street,  thence  north  on  Fourteenth  street  to  Moffitt 
avenue,  thence  east  on  Moffitt  avenue  to  Hickox  avenue,  thence 
north  on  Hickox  avenue  to  Lincoln  street:  Provided,  that  the 

track  of  said  street  railway  on  South  Grand  avenue  shall  be 
located  north  of  and  not  less  than  five  feet  from  the  center 
line  of  said  avenue. 

1406.  Provisions  in  regard  to  poles  and  wires.]  § 2.  To 

enable  said  company  to  operate  by  electricity  or  gas-motor  power 
it  is  hereby  authorized  to  erect  suitable  trimmed  and  pointed 
poles  and  supports  along  each  side  of  the  streets,  from  the 
generator  or  power  station  or  stations,  or  car-houses,  to  and 
along  the  line  of  said  railway,  and  to  connect  the  poles  and 
supports  by  such  wires  as  may  be  necessary  for  the  transmission 
of  power  and  the  successful  operation  of  said  railway:  Pro- 

vided, that  iron  poles  shall  be  placed  wthin  the  fire  limits  of 
the  said  city. 

1407.  Provisions  in  regard  to  poles  and  wires.]  § 3.  The 

said  wires  shall  be  suspended  not  less  than  eighteen  feet  above 
the  rails,  and  the  poles  shall  be  placed  not  less  than  one  hun- 
dred feet  apart,  except  at  the  intersection  of  streets  and  avenues. 
Said  poles  or  supports  shall  be  kept  at  all  times  neatly  painted. 
Said  poles  shall  be  located  under  the  direction  of  the  city, 
through  its  street  and  alley  committee,  or  proper  officer. 


STREET  RAILWAYS. 


7G3 


1408.  Penalty  for  removing  or  breaking  wires.]  § 4. 

Any  person,  other  than  the  city  electrician  or  employes  of  the 
city,  who  shall  willfully  remove  or  break  any  of  the  wires  nsed 
. by  said  railway  company  in  the  operation  of  its  railway,  shall  he 
fined  in  any  sum  not  to  exceed  two  hundred  dollars  for  each 
wire,  or  part  of  wire,  removed  or  broken. 

1409.  Tracks  must  conform  to  grade  of  street.]  § 5.  If 

at  any  time  the  city  council  shall  establish  a grade  on  any 
street  or  avenue  used  or  occupied  by  the  track  or  tracks  of  said 
company,  or  should  change  the  grade  already  established,  the 
said  railway  company,  its  successors  and  assigns,  shall  raise  or 
lower  its  tracks  to  conform  to  said  grade,  when  notified  so  to  do 
by  the  city  council  or  city  engineer,  at  its  own  costs  and  ex- 
pense. 

1410.  Company  to  pave  its  track — penalty  for  failure.] 

§ 6.  On  all  streets,  when  the  same  or  any  part  thereof  shall 
be  ordered  to  be  paved  by  the  city  council,  said  company’s 
right  of  way  thereon,  included  in  such  order,  shall  be  paved 
between  the  rails  and  twelve  inches  on  the  outside  of  the  tracks 
with  such  material  and  in  such  manner  as  the  city  council  shall 
order,  and  all  paving  required  to  be  laid  by  said  company  shall 
be  laid  and  kept  in  repair  with  the  same  material  originally 
used  in  it,  and  at  the  expense  of  the  company;  and  if  the  said 
company,  its  successors  and  assigns,  shall  fail  to  comply  with 
the  provisions  of  this  section,  requiring  it  to  repair  a pavement 
on  its  right  of  way  on  any  street,  after  notice  to  do  so  by  the  city 
council  or  engineer,  by  service  thereon  on  any  officer  of  said 
company  for  thirty  days  after  receiving  such  notice,  such  com- 
pany shall  forfeit  and  pay  into  the  city  treasury  the  sum  of  ten 
dollars  per  day  for  the  time  said  company  shall  fail  to  put 
down  or  repair  said  paving  as  liquidated  damages,  the  same  to 
be  recoverable  of  and  from  said  company  by  the  city  of  Spring- 
field  in  an  action  of  debt,  and  said  paving  may  be  repaired  by 
the  city  of.  Springfield  at  the  expense  of  said  company,  and 
said  company  shall  repay  the  cost  thereof  to  the  city  upon  de- 
mand. If  deemed  advisable  and  practicable  by  said  company 
to  widen  the  gauge  of  its  track,  to  enable  it  to  operate  its  line, 
said  company  shall  make  the  gauge  of  said  tracks  four  feet 
eight  and  one-half  inches,  and  in  so  doing  shall  restore  the 


704 


SPECIAL  ORDINANCES  OF  CITY. 


streets  and  pavements  to  as  good  condition  as  they  were  prior 
to  said  alteration,  at  its  own  expense  and  under  the  supervision 
of  the  superintedent  of  streets. 

1411.  Guard  wires.]  § 7.  That  it  is  made  the  duty  of 
said  company  to  stretch  and  maintain  a suitable  guard  wire 
along  and  above  its  electric  cables  and  over  wires  at  all  points 
within  the  city  where  other  wires  belonging  to  other  com- 
panies are  suspended  over  or  above  said  electric  cable,  the  same 
to  be  extended  along  the  whole  line  of  said  railway  when  re- 
quired by  the  council.  And  in  case  of  willful  violation  of  this 
section,  said  company  shall  be  subject  to  a tine  of  not  exceed- 
ing two  hundred  dollars  for  every  day. 

1412.  Gauge  of  track — crossings  and  gutters  to-be  restored 
if  disturbed.]  § 8.  The  gauge  of  said  tracks  shall  be  four 
feet  eight  and  one-half  inches,  or  three  feet  six  inches,  and 
in  constructing  its  tracks  said  company  shall  not  disturb,  re- 
move or  displace  any  of  the  street  crossings  or  gutters  existing 
at  the  time,  unless  the  same  is  permitted  by  the  city  council, 
and  in  case  of  displacement  or  removal  of  any  said  crossings 
or  gutters,  by  said  company,  it  shall,  after  the  construction  of 
its  tracks  at  said  crossings,  restore  at  its  own  expense  said 
crossings  and  gutters  in  as  good  condition  as  they  were  before 
such  removal. 

1413.  City  may  grant  right  of  way  to  other  companies.] 

§ 9.  The  right  to  grant  the  right  of  way  over  any  street  named 
in  section  one  of  this  ordinance,  to  any  other  street  railway 
company,  is  hereby  expressly  reserved  to  the  city  council:  Pro- 

videdl,  that  if  said  right  of  way  is  granted  to  any  applicant 
before  said  Peoples*  Electric,  Gas-Motor  and  Horse  Railway 
’Company  shall  have  constructed  its  railway,  said  Peoples*  Elec- 
tric, Gas-Motor  and  Horse  Railway  Company  shall  construct 
its  tracks  on  one  side  of  the  center  of  said  named  streets : Pro- 
vided, further , that  if  said  Peoples*  Electric,  Gas-Motor  and 
Horse  Railway  Company  shall  have  constructed  a portion  of 
iits  tracks  before  it  is  desired  by  said  applicant  to  build,  then, 
in  such  event,  said  Peoples*  Electric,  Gas-Motor  and  Horse 
Railway  Company  shall  remove  the  part  of  its  track  so  con- 
structed to  the  side  of  the  street  designated  by  the  street  and 


STREET  RAILWAYS. 


765 


alley  committee.  All  expense  of  moving  said  railway  shall  be 
paid  by  the  future  applicant  for  such  right  of  way. 

1414.  Time  fixed  for  commencing  and  completing  construc- 
tion.] § 10.  The  rights  and  privileges  granted  to  the  Peoples’ 
Electric,  Gas-Motor  and  Horse  Power  Company,  its  successors 
and  assigns,  to  construct  and  operate  said  street  railway,  as 
provided  for  in  this  ordinance,  shall  be  forfeited  to  the  city  of 
Springfield  unless  said  company  shall  commence  the  construc- 
tion of  said  railway  within  six  months,  and  fully  complete  and 
operate  the  same  within  twelve  months  from  the  date  of  the 
passage  of  this  ordinance,  unless  the  city  council  shall,  by  ordi- 
nance, extend  the  time. 

1415.  City  not  to  be  liable  for  damage  suits.]  § 11.  Said 

Peoples’  Electric,  Gas-Motor  and  Horse  Railway  Company,  its 
successors  and  assigns,  and  all  persons  or  corporations  owning, 
leasing,  operating  or  controlling  said  railway,  shall  save  and 
keep  harmless  the  city  of  Springfield,  on  account  of  any  and 
all  damages  and  costs,  in  all  causes  of  action,  that  may  be 
brought  by  or  accrue  to  any  person  or  persons,  company  or 
corporation,  against  said  city  at  any  time  hereafter  by  reason 
•of  this  grant,  or  by  reason  of  the  construction  or  operation  of 
said  railway,  or  any  part  of  it,  in  which  said  city  may  be  sued 
■separately  or  impleaded  with  said  company,  its  successors  and 
•assigns,  or  otherwise. 

1416.  Company  must  accept  within  twenty  days.]  § 12. 

This  ordinance  shall  take  effect  and  be  in  force  only  upon  the 
filing,  within  twenty  days  after  its  passage,  in  the  office  of  the 
city  clerk  of  said  city,  by  said  Peoples’  Electric,  Gas-Motor 
and  Horse  Power  Company,  its  acceptance  of  the  terms  thereof, 
which  acceptance  shall  be  in  writing  and  be  reported  to  the  city 
clerk  and  city  council  and  entered  in  full  upon  the  journal 
thereof,  and  this  ordinance  shall  continue  in  force  for  the  pe- 
riod of  twenty  years,  subject  to  the  condition  aforesaid. 

Acceptance. 

Springfield,  III.,  Feb.  20,  1890. 

To  the  Hon.  Mayor  and  City  Council  of  Springfield,  111.: 

The  Springfield  Electric,  Gas-Motor  and  Horse  Railway  Company  hereby 
accepts  the  ordinance  passed  by  the  city  council  of  Springfield,  February  11.  1890. 

[Sighed]  J.  H.  Schuck,  President, 

Chas.  F.  Herman,  Secretary. 


SPECIAL  ORDINANCES  OF  CITY. 


7GG 


RELINQUISHMENT  OF  CERTAIN  RIGHTS  GRANTED. 

To  the  Mayor  and  City  of  Spring  field: 

1417.  Release  of  certain  rights,  granted  by  the  city.] 

Gentlemen  : The  Peoples'  Electric  Railway  Company,  suc- 

cessors to  the  Peoples'  Electric,  Gas-Motor  and  Horse  Power 
Company,  hereby  through  its  president  and  secretary,  in  con- 
sideration of  the  granting,  by  your  honorable  body  to  said  com- 
pany, the  right  to  locate  a street  railway  on  Allen  street  from 
Spring  to  Walnut  street,  thence  south  on  Walnut  street  to  South 
Grand  avenue,  thence  west  on  South  Grand  avenue  to  West 
Grand  avenue,  hereby  releases  all  rights  acquired  under  an 
ordinance  passed  February  11,  1890,  to  lay  a track  on  Spring 
street  from  Allen  street  to  South  Grand  avenue,  and  on  South 
Grand  avenue  from  Spring  street  to  West  Grand  avenue. 

J.  H.  S chuck,  President. 

Chas.  F.  Herman,  Secretary. 

Of  Peoples'  Electric  Railway  Company. 
[Submitted  to  council  October  17,  1890.] 

An  Ordinance  to  provide  for  removing  the  switch  between  Jackson  and  Ed- 
wards streets  on  Second  street,  and  for  locating  a switch  between  Canedy 
and  Scarritt  streets  on  Second  street.  [Passed  October  17,  1890.  Approved 
October  21,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1418.  Permit  to  remove  switch.]  § 1.  That  the  Peoples' 
Electric  Railway  Company,  successors  to  the  Citizens'  Street 
Railway  Company  and  the  Peoples'  Gas-Motor  and  Horse  Rail- 
way Company,  remove  its  switch,  located  on  Second  street  be- 
tween Jackson  and  Edwards  streets,  and  locate  a switch  on 
Second  street  between  Canedy  and  Scarritt  streets  on  Second' 
street. 

1419.  When  in  force.]  § 2.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 


An  Ordinance  granting  to  the  People’s  Electric  Railway  Company  the  right  to 
construct  and  operate  an  electric  railway  over  certain  streets  in  the  city  of 
Springfield.  [Passed  October  21.  1890.  Approved  October  24,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1420.  Permit  to  construct  and  operate  an  electric  street 
railway.]  § 1.  Subject  to  the  provisions  and  regulations 


STREET  RAILWAYS. 


767 


hereinafter  made  and  to  the  requirements  of  the  general  ordi- 
nances of  the  city  and  to  all  ordinances  that  may  be  hereafter 
passed  concerning  streets  and  street  railways,  that  there  is 
hereby  granted  to  said  company,  its  successors  and  assigns,  the 
right  and  authority  to  construct  and  operate  an  electric  street 
railway  with  necessary  side-tracks,  turnouts  and  switches.  Said 
side-tracks,  turnouts  and  switches,  shall  be  located  by  and  under 
the  direction  of  the  street  and  alley  committee  in  and  on  the 
following  streets  of  said  city,  viz. : Commencing  at  the  inter- 

section of  Spring  and  Allen  streets,  thence  west  on  said  Allen 
street  to  Walnut  street,  thence  south  on  said  Walnut  street  to 
South  Grand  avenue,  thence  west  on  South  Grand  avenue  to  West 
Grand  avenue. 

1421.  Provisions  in  regard  to  poles  and  wires.]  § 2.  To 

enable  said  company  to  operate  by  electricity,  it  is  hereby  au- 
thorized to  erect  suitable  trimmed  and  pointed  poles  and  sup- 
ports along  each  side  of  the  streets  from  the  generators  or  power 
stations  or  car  houses  to  and  along  the  line  of  said  railway,  and 
to  connect  the  poles  and  supports  by  such  wires  as  may  be  nec- 
essary for  the  transmission  of  power  and  the  successful  opera- 
tion of  said  railway:  Provided,  that  iron  poles  shall  be  placed 

within  the  fire  limits  of  said  city. 

1422.  Provisions  in  regard  to  poles  and  wires.]  § 3.  The 

said  wires  shall  be  suspended  not  less  than  eighteen  feet  above 
the  rails  and  the  poles  shall  be  placed  not  less  than  one  hundred 
feet  apart,  except  at  the  intersection  of  streets  and  avenues. 
Said  poles  or  supports  shall  be  kept  at  all  times  neatly  painted. 
Said  poles  shall  be  located  under  the  direction  of  the  city, 
through  its  street  and  alley  committee. 

1423.  Penalty  for  removing  or  breaking  wires.]  § 4. 

Any  person  other  than  the  city  electrician,  or  employe  of  the 
city,  who  shall  willfully  remove  or  break  any  of  the  wires  used 
by  said  company  in  the  operation  of  its  railway,  shall  be  fined 
in  any  sum  not  to  exceed  two  hundred  dollars  for  each  wire  or 
part  of  wire  removed  or  broken. 

1424.  Tracks  must  conform  to  grade.]  § 5.  If,  at  any 

time,  the  city  council  shall  establish  a grade  on  any  street  used 
or  occupied  by  the  track  or  tracks  of  said  company,  or  shall 


7<;s 


SPECIAL  ORDINANCES  OF  CITY. 


change  the  grade  already  established,  the  said  railway  company,, 
its  successors  and  assigns,  shall  raise  or  lower  its  track  to  con- 
form to  said  grade,  when  notified  so  to  do  by  the  city  council 
or  city  engineer,  at  its  own  expense. 

1425.  Provisions  in  regard  to  paving.]  § 6.  On  alt 

streets  when  the  same,  or  any  part  thereof,  shall  be  ordered  to 
be  paved  by  the  city  council,  said  company’s  right  of  way  thereon 
included  in  such  order  shall  be  paved  between  the  rails,  and 
twelve  inches  on  the  outside  of  the  tracks,  with  such  material 
and  in  such  manner  as  the  city  council  shall  order ; and  all  pav- 
ing required  to  be  laid  by  said  company  shall  be  laid  and  kept 
in  repair  with  the  same  material  originally  used  in  it,  and  at 
the  expense  of  the  company ; and  if  said  company,  its  successors- 
and  assigns,  shall  fail  to  comply  with  the  provisions  of  this 
section,  requiring  it  to  repair  a pavement  on  its  right  of  way 
on  any  street,  after  notice  to  do  so  by  the  city  council  or  engineer, 
by  service  thereon  on  any  officer  of  said  company  for  thirty 
days  after  serving  such  notice,  said  company  shall  ferfeit  and 
pay  into  the  city  treasury  the  sum  of  ten  dollars  per  day  for 
the  time  said  company  shall  fail  to  put  down  or  repair  said 
pavement  as  liquidated  damages,  the  same  to  be  recoverable  of 
and  from  said  company  by  the  city  of  Springfield  in  an  action 
of  debt,  and  said  paving  may  be  repaired  by  the  city  of  Spring- 
field  at  the  expense  of  said  company,  and  said  company  shall 
repay  the  cost  thereof  to  the  city  upon  demand. 

1426.  Guard  wires.]  § 7.  That  it  is  made  the  duty  of 
said  company  to  stretch  and  maintain  a suitable  guard  wire 
along  and  above  its  electric  cable  and  over-wires  at  all  points 
within  the  city,  where  other  wires  belonging  to  other  companies 
are  suspended  over  and  above  said  electric  cable;  the  same  tn 
be  extended  along  the  whole  line  of  said  railway  where  required 
by  the  city  council.  And  in  case  of  wilful  violation  of  this  sec- 
tion, said  company  shall  be  subject  to  a fine  of  not  exceeding 
two  hundred  dollars  for  every  day  while  said  violation  continues. 

1427.  Provisions  in  regard  to  construction  of  tracks.} 

§ 8.  The  gauge  of  said  track  shall  be  four  feet,  eight  and  one- 
half  inches,  and  the  rails  thereof  shall  be  forty  pound  T rails  ; 
and  said  railway  company  shall  plank  with  two  inch,  good  oak 


STREET  RAILWAYS. 


769 


plank  between  the  rails  and  six  inches  on  either  side  at  the  in- 
tersections of  streets  and  alleys,  and  the  center  of  said  track 
shall  be  filled  with  cinders.  Said  company  shall  not  disturb 
•or  remove  any  of  its  street  crossings  or  gutters  existing  at  the 
time,  unless  the  same  is  permitted  by  the  city  council;  and  in 
case  of  displacement  or  removal  of  said  crossings  and  gutters 
by  said  company,  it  shall,  after  the  construction  of  its  tracks 
at  said  crossings  restore,  at  its  own  expense,  said  crossings  and 
gutters  in  as  good  condition  as.  they  were  before  such  removal. 

1428.  Time  fixed  for  comnjLencing  and  completing  construc- 
tion.] § 9.  The  rights  and  privileges  granted  to  the  Peoples’ 
Electric  Railway  Company,  its  successors  and  assigns,  to  con- 
struct and  operate  said  street  railway,  as  provided  for  in  this 
ordinance,  shall  be  forfeited  to  the  city  of  Springfield,  unless 
said  company  shall  commence  the  construction  of  said  railway 
within  thirty  days,  and  fully  complete  and  operate  said  street 
railway  within  three  months  from  the  date  of  the  passage  of  this 
ordinance,  unless  the  city  council  shall,  by  ordinance,  extend 
the  time. 

1429.  City  to  be  kept  harmless  from  damage  suits.]  § 10. 

The  Peoples’  Electric  Railway  Company,  its  successors  and 
assigns,  and  all  persons  or  corporations  owning,  leasing,  operat- 
ing or  controlling  said  railway,  shall  save  and  keep  harmless 
the  city  of  Springfield  on  account  of  any  and  all  damages  and 
costs  in  causes  of  action  that  may  be  brought  by  or  accrue  to 
any  person  or  persons,  company  or  corporations,  against  said 
city  at  any  time  hereafter  by  reason  of  this  grant,  or  by  reason 
■of  the  construction  or  operation  of  said  railway,  or  any  part  of 
it,  in  which  said  city  may  be  sued  separately  or  impleaded  with 
said  company,  its  successors  and  assigns  or  otherwise. 

1430.  Grant  extends  to  twenty  years — how  forfeited.] 

§ 11.  If  the  said  company,  its  successors  and  assigns,  and  the 
persons,  companies  or  corporations  owning,  operating,  controlling 
■or  leasing  said  railway  shall  faithfully  comply  with  the  fore- 
going requirements,  the  rights  of  said  company,  its  successors 
and  assigns,  or  the  persons,  companies  or  corporations  to  operate 
said  railway,  shall  extend  to  the  full  period  of  twenty  years 
from  the  passage  of  this  ordinance,  otherwise  the  city  council 


770 


SPECIAL  ORD1 NANCES  OE  CITY. 


may  declare  the  rights  of  said  company,  its  successors  and  as- 
signs, or  any  persons,  companies  or  corporations  owning,  con- 
trolling, operating  or  leasing  said  railway  rights  forfeited  at 
any  time  after  sixty  days’  notice  that  all  rights  will  be  for- 
feited for  the  failure  to  comply  with  the  requirements  hereof; 
said  notice  to  specify  in  general  terms  the  matters  complained 
of  by  the  city  council,  and  said  persons,  companies  or  corpora- 
tions to  be  given  an  opportunity  to  comply  with  said  condi- 
tions within  sixty  days.  At  the  expiration  of  its  rights  here- 
under, said  company  shall  remove  its  rails  and  ties  and  other 
property  from  the  streets  and  avenues  occupied  by  it  within 
ninety  days,  and  shall  leave  said  streets  and  avenues  in  as  good 
condition  as  though  the  same  had  not  been  occupied  by  it.  The 
said  company  shall,  within  ‘thirty  days  after  the  passage  of  this 
ordinance,  enter  into  a written  agreement  with  the  city  of 
Springfield,  to  be  duly  executed  by  its  president  and  secretary, 
under  the  corporate  seal  of  said  company,  and  filed  in  the  city 
clerk’s  office;  and  on  the  part  of  the  city  of  Springfield  to  be 
signed  by  the  mayor  and  countersigned  and  sealed  with  the 
city  seal  by  the  clerk  of  the  said  city  of  Springfield,  obligating 
said  company,  its  successors  and  assigns,  and  the  persons,  com- 
panies or  corporations  owning,  operating,  controlling  or  leasing 
said  railway,  and  the  city  to  abide  and  perform  the  stipulations 
and  provisions  in  this  ordinance  contained,  which  agreement, 
when  executed,  shall  be  mutually  binding  upon  both  of  said  par- 
ties as  a contract. 

Agreement. 

1431.  Contract  between  the  city  and  the  company.] 

And,  whereas,  said  ordinance  was  duly  signed  by  the  mayor 
and  attested  by  the -city  clerk;  and, 

Whereas,  said  ordinance,  among  other  things,  provided  that 
the  Peoples’  Electric  Kail  way  Company  shall,  within  thirty 
days  after  the  date  of  the  passage  of  this  ordinance,  enter  into 
a written  agreement  with  the  city  of  Springfield,  to  be  duly 
executed  by  its  president  and  secretary,  under  the  corporate  seal 
of  said  company,  and  filed  in  the  city  clerk’s  office,  and  on  the 
part  of  the  city  of  Springfield  to  be  signed  by  the  mayor  and 
countersigned  and  sealed  with  the  city  seal  by  the  clerk  of  said 


STREET  RAILWAYS. 


771 


city  of  Springfield,  to  abide  by  and  perform  the  stipulations 
and  provisions  in  this  ordinance  contained.  Now,  therefore,  it 
is  hereby  expressly  agreed  by  and  between  the  parties  hereto, 
that  the  People’s  Electric  Railway  Company  will  abide  by  and 
perform  the  stipulations  and  provisions  in  the  foregoing  ordi- 
nance contained,  and  the  city  of  Springfield,  also,  on  its  part, 
agrees  to  abide  by  and  perform  the  stipulations  and  provisions 
in  this  ordinance  contained  on  its  part  to  be  kept  and  performed. 
And  the  said  parties  hereto  mutually  bind  themselves  and  their 
successors  to  abide  by,  keep  and  perform  all  the  matters  and 
things  in  the  foregoing  ordinance,  by  them  and  each  of  them, 
to  be  done,  kept  and  performed. 

In  witness  whereof,  the  said  parties  have  caused  these  presents 
to  be  duly  and  properly  signed  on  this  20th  day  of  November, 
1890. 

Peoples'  Electric  Railway  Company. 

By  J.  H.  Schuck,  President.  [Seal.] 

Charles  F.  Herman,  Secretary.  [Seal.] 

Executed  on  behalf  of  the  city  of  Springfield,  this  20th  day 
of  November,  1890. 

Chas.  E.  Hay,  Mayor. 

Geo.  Hofferkamp,  Jr.,  Clerk. 

An  Ordinance  to  provide  for  allowing  the  People’s  Electric  Railway  Company 

to  use  a T rail.  [Approved  October  24,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1432.  May  use  T rail.]  § 1.  That  the  Peoples’  Electric 
Railway  Company,  successors  to  the  Peoples’  Electric,  Gas-Motor 
and  Horse  Railway  Company  and  Citizens’  Street  Railway  Com- 
pany, be  allowed  to  use  a T rail  in  the  construction  of  its  road 
on  the  streets  of  the  city  of  Springfield. 

1433.  Bricks  or  blocks  to  be  beveled.]  § 2.  That  in  lay- 
ing such  T rails,  the  blocks  or  bricks  adjoining  such  rails  shall 
be  chamfered  or  beveled,  so  that  such  bricks  or  blocks  may  be 
brought  as  close  as  possible  to  the  rail. 

1434.  Repeal.]  § 3.  All  parts  of  ordinances  in  conflict 
with  this  are  hereby  repealed. 

1435.  When  in  force.]  § 4.  This  ordinance  shall  be  in 
force  and  take  effect  from  and  after  its  passage. 


772 


SPECIAL  ORDINANCES  OE  CITY.. 


SIDE-TItACKS  AND  SWITCHES. 


/An  Ordinance  relating  to  horse  railways.  Passed  December  1,  1879.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1436.  Construction  of  turnouts,  side-tracks  or  switches 
prohibited,  without  consent  of  city  council.]  § 1.  That  no- 

company,  corporation  or  person,  now  operating,  or  who  may 
hereafter  operate,  any  horse  or  street  railway  within  the  limits 
of  the  city  of  Springfield,  shall  construct,  lay,  or  cause  to  be  laid, 
any  turnout,  side-track  or  switch,  upon  any  street  along  the  line 
of  such  railway,  within  said  city,  without  obtaining  the  consent, 
by  ordinance,  of  the  city  council  to  the  laying  of  such  turnout, 
side-track  or  switch. 

1437.  Repeal.]  § 2.  All  ordinances  or  parts  of  ordinances 
in  conflict  with  the  provisions  hereof,  are  hereby  repealed. 

1438.  In  force  from  passage.]  § 3.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  granting  the  Springfield  City  Railway  Company  the  right  to 

construct  and  operate  an  electric  street  railway  on  Monroe  street  from  EightR 

to  Ninth.  [Passed  May  23,  1892.  Approved  May  24,  1892.] 

Whereas,  The  owners  of  more  than  one-half  of  the  frontage 
on  Monroe  street  between  Eighth  and  Ninth  streets  in  the  city 
of  Springfield  have  petitioned  the  council  to  grant  to  the 
Springfield  City  Railway  Company  the  right  to  construct,  main- 
tain and  operate  an  electric  railway  on  Monroe  street  from 
Eighth  to  Ninth  street  in  said  city,  together  with  switches  and 
turn-outs  necessary  to  the  convenient  operation  and  handling  of 
cars  from  car  house  to  be  built  by  said  company  on  the  North 
side  of  Monroe  street  between  Eighth  and  Ninth  streets;  there- 
fore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Spring-field: 

1439.  Permission  to  construct  and  operate  railway  along 
certain  streets.]  § 1.  That  consent,  permission  and  authority 
is  hereby  granted  to  the  Springfield  City  Railway  Compaq,  its 
successors  and  assigns,  to  construct,  maintain  and  operate  for 
the  term  of  twenty  years  from  the  passage  of  this  ordinance,, 
a single  or  double  track  extension  of  its  electric  street  railway 


STREET  RAILWAYS. 


773 

along  Monroe  street  from  Eighth  to  Ninth,  together  with  sucbi 
switches  and  turn-outs  as  may  be  necessary  to  the  convenient 
handling  of  and  operation  of  cars  from  car  house  to  be  built  by 
said  company  on  the  north  side  of  Monroe  street  along  saidL 
extension,  and  said  company  is  authorized  to  erect  the  neces- 
sary poles  and  wires  along  said  extension  of  its  tracks  to  enable 
it  to  operate  its  cars  in  the  same  manner  that  cars  are  operated 
on  other  lines  of  said  railway. 

1440.  Provisions  in  regard  to  poles  and  wires.]  § 2.  In 

the  construction  and  maintenance  of  said  poles,  tracks  and 
wires  said  company  shall  be  governed  by  the  provisions  of  an 
ordinance  entitled  “An  ordinance  granting  to  the  Springfield' 
City  Railway  Company  the  right  to  construct  and  operate  an 
electric  street  railway  over  certain  streets  in  the  city  of  Spring- 
field,”  passed  January  17,  1890,  and  approved  January  20, 
1890,  and  other  existing  ordinances  of  the  said  city,  and  all 
reasonable  ordinances  that  may  be  hereafter  passed  concern- 
ing streets  and  street  railways. 

1441.  Company  must  accept  within  thirty  days.]  § 37 

Said  company  shall  within  thirty  days  after  the  passage  of 
this  ordinance  file  with  the  city  clerk  a written  acceptance  of 
the  same  with  all  the  obligations  and  conditions  thereof. 

1442.  When  in  force.]  § 4.  This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage  and  acceptance: 
by  said  company,  within  the  time  provided  in  section  3. 

Acceptance. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield: 

The  Springfield  City  Railway  hereby  accepts  the  ordinance,  together  with  all' 
the  conditions  and  obligations  thereof,  passed  by  your  honorable  body  on  the  23d 
day  of  May,  1892,  granting  the  said  company  the  right  to  extend  its  street  railroad 
along  Monroe  street  from  Eighth  street  east  to  Ninth  street. 

Springfield  City  Railway  Company, 

By  R.  N.  Bayliss,  Pres. 

An  Ordinance  granting  to  the  Springfield  City  Railway  Company  the  right  to 
construct  and  operate  an  electric  street  railway  on  certain  streets  in  the  city  of 
Springfield.  [Passed  October  3,  1892.  Approved  October  7,  1892.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1443.  Permit  to  construct  and  operate  railway  on  certain 
streets.]  § 1.  That  subject  to  the  provisions  and  regulations 


JV/V  1 

774 


SPECIAL  OIU)J  NANCES  OF  CITY. 


hereinafter  named,  and  to  the  requirements  of  the  general  ordi- 
nances of  the  city,  and  to'  all  ordinances  that  may  be  hereafter 
passed  concerning  streets  and  street  railways,  there  is  hereby 
granted  to  the  Springfield  City  Railway  Company,  its  successors 
and  assigns,  the  right  and  authority  to  construct  and  operate 
for  the  term  of  twenty  years,  an  electric  street  railway,  with 
necessary  side-tracks,  turn-outs  and  switches  on  Monroe  street 
from  a connection  with  the  company’s  tracks  west  of  Ninth  street 
to  Fifteenth  street,  Fifteenth  street  from  Monroe  street  to  Capi- 
tol avenue,  Capitol  avenue  from  Fifteenth  street  to  East  Grand 
avenue,  Twelfth  street  from  Monroe  street  to  Carpenter  street, 
said  tracks,  side  tracks,  turn-outs  and  switches  shall  be  located 
by  and  under  the  direction  of  the  street  and  alley  committee, 
and  said  railway  company  shall  plank  with  two-inch  plank  be- 
tween its  rails  and  six  inches  on  either  side  at  the  intersections 
of  streets  and  alleys  and  cross  walks  on  streets  where  there  is 
no  pavements,  and  said  company  in  constructing  and  operating 
said  street  railway  shall  have  the  right  to  intersect  and  cross 
the  tracks  of  any  other  railroad  or  street  railroad. 

1444.  Provisions  in  regard  to  poles.]  § 2.  To  enable 

said  street  railroad  to  operate  by  electricity,  it  is  hereby  author- 
ized to  erect  suitable  trimmed  and  pointed  poles  and  supports 
along  said  streets  from  the  generation  or  power  house  or  car 
houses,  to  and  along  the  line  of  said  railway,  and  to  connect 
the  poles  and  supports  by  such  wires  as  may  be  necessary  for  the 
transmission  of  power  and  successful  operation  of  said  railway. 
Select  straight  cedar  poles  shall  be  used  of  uniform  size,  about 
seven  inches  in  diameter  at  the  top  end,  and  ten  to  twelve  inches 
in  diameter  at  the  ground  line.  All  poles  shall  be  dressed 
smooth  and  straight,  and  neatly  rounded  or  pointed  at  the  top 
end,  and  set  perpendicular  in  straight  alignment  with  the  curb- 
ing- 

1445.  Provisions  in  regard  to  wires.]  § 3.  The  said 

wires  shall  be  suspended  not  less  than  eighteen  feet  above  the 
rails  and  no  person  or  companies  shall  place  any  wires  beneath 
the  wires  of  said  company  in  such  a way  as  to  obstruct  the  practi- 
cal operation  of  its  road;  and  the  poles  shall  be  placed  not  less 
than  one  hundred  feet  apart  except  at  the  intersection  of  streets 
or  avenues  where  the  said  distance  will  place  the  poles  in  the 


STREET  RAILWAYS. 


775 


intersecting  streets  or  avenues  and  avenues.  Said  poles  shall 
at  all  times  be  kept  neatly  painted.  Said  poles  shall  be  erected 
under  the  direction  of  the  city  through  the  street  and  alley  com- 
mittee. The  supporting  wires,  guard  wires  and  fixtures,  com- 
prising the  overhead  construction,  shall  be  of  a neat  design  and 
put  up  and  constructed  in  a neat  and  substantial  manner. 

1446.  Wires — penalty  for  removing  or  breaking.]  § 4. 

All  persons  other  than  an  officer  or  employe  of  the  city,  who 
shall  willfully  remove  or  break  any  of  the  wires  used  by  said 
company  in  the  operation  of  its  railway  shall  be  fined  in  a sum 
not  exceeding  two  hundred  dollars  for  each  wire  or  part  of  wire 
removed  or  broken. 

1447.  Company  to  conform  to  established  grade.]  § 5.  If 

at  any  time  the  city  shall  establish  a grade  on  any  street  or  ave- 
nue used  or  occupied  by  the  track  or  tracks  of  said  company  or 
shall  change  the  grade  already  established,  the  said  railway  com- 
pany, its  successors  and  assigns,  shall  raise  or  lower  its  tracks 
to  conform  to  said  grade,  when  notified  so  to  do  by  the  city 
council  or  city  engineer  at  its  own  cost  and  expense. 

1448.  Provisions  in  regard  to  paving.]  § 6.  On  all  streets, 
when  the  same  or  any  part  thereof  shall  be  ordered  to  be  paved 
by  the  city  council,  said  company’s  right  of  way  thereon  included 
in  such  order  shall  be  paved  between  the  rails  of  its-  tracks  and 
for  the  ■space  of  twelve  inches  on  the  outside  of  said  rails  and 
between  the  said  main  tracks  and  switches  with  such  material 
and  in  such  manner  as  the,  city  council  shall  order,  and  all  paving 
required  to  be  laid  by  said  company  shall  be  laid,  and  kept  in 
repair  with  the  same  material  used  in  it  and  at  the  expense  of 
the  company,  and  if  said  company,  its  successors  and  assigns, 
shall  fail  to  comply  with  the  provisions  requiring  it  to  repair 
and  have  on  its  right  of  way  on  any  street  after  notice  to  do  so 
by  the  city  council  or  city  engineer,  by  service  thereon  and  any 
officer  of  said  company  after  thirty  days  after  receiving  such 
notice  said  company  shall  forfeit  and  pay  into  the  city  treasury 
the  sum  of  ten  dollars  per  day  upon  the  time  said  company  shall 
fail  to  put  down  or  repair  said  paving,  as  liquidated  damages, 
the  same  to  be  recoverable  of  and  from  said  company  by  the 
city  of  Springfield  at  the  expense  of  said  company,  and  said 
company  to  repay  the  cost  thereof  to  the  city  on  demand. 


776 


SPECIAL  OltDI NANCES  OF  CITY. 


1449.  Guard  wires.]  § 7.  And  it  is  made  the  duty  of  said 
•company  to  stretch  and  maintain  a suitable  guard  wire  along 
and  above  its  electric  cable  and  over  wires  at  all  points  within 
the  -city  where  other  wires  belonging  to  other  companies  are 
■suspended  from  or  above  said  electric  cables,  the  same  to  be 
•extended  along  the  whole  line  of  said  railway  when  required  by 
the  city  council,  and  in  case  of:  willful  violation  of  this  section, 
said  company  shall  be  subject  to  a fine  of  not  exceeding  two 
hundred  dollars  for  each  and  every  day  of  such  violation. 

1450.  Time  for  completing  work.]  § 8.  The  rights  and 

privileges  granted  by  this  ordinance  shall  be  forfeited  to  the  city 
of  Springfield  unless  said  company  shall  fully  complete  and 
operate  the  lines  on  Monroe  and  Fifteenth  streets  and  Capitol 
avenue  within  one  year  from  the  passage  of  this  ordinance,  unless 
i'the  city  council  shall  by  ordinance  extend  the  time. 

1451.  Shall  protect  city  from  damage  suits.]  § 9.  The 

Springfield  City  Railway  Company,  its  successors  and  assigns 
and  all  persons  owning,  leasing,  operating  or  controlling  said 
railway,  shall  save  and  keep  harmless  the  city  of  Springfield, 
on  account  of  any  and  all  damages  and  costs  on  any  causes 
of  action  that  may  be  brought  by  or  accrue  to  any  person  or 
persons,  companies  or  corporations  against  said  city  at  any 
time  hereafter  by  reason  of  this  grant,  or  by  reason  of  the  con- 
•iStrnetkm  and  operation  of  said  railway  or  any  part  of  it,  in 
which  the  city  may  be  sued  or  impleaded  with  said  company, 
its  successors  and  assigns,  or  otherwise. 

1452.  Rate  of  fare.]  § 10.  The  rates  for  a continuous  trip 
in  one  direction  shall  not  exceed  five  cents  for  any  person.  All 
passengers,  after  paying  one  fare  shall  be  entitled  to  receive 
transfer  tickets  for  a continuous  trip  which  shall  pass  them 
from  the  line  of  railway  upon  which  said  fare  is  paid  to  any 
point  on  any  other  line  of  street  railway  that  is  being  now  or 
may  hereafter  be  operated  by  the  Springfield  City  Railway  Com- 
pany. 

1453.  Must  accept  within  fifteen  days.]  § 11.  This  ordi- 
nance shall  take  effect  and  be  in  force  only  after  the  filing  within 
fifteen  days  after  its  passage  in  the  office  of  the  city  clerk  of 
said  city,  by  said  Springfield  City  Railway  Company,  its  sue- 


STREET  RAILWAYS. 


777 


■cessors  or  assigns,  its  acceptance  of  the  terms  thereof,  which 
acceptance  shall  be  in  writing,  and  be  reported  by  the  city 
•clerk  to  .the  city  council  and  entered  in  full  upon  the  journal 
thereof,  and  this  ordinance  shall  continue  in  force  for  the 
period  of  twenty  years,  subject  to  the  conditions  aforesaid. 

Acceptance. 

Springfield,  III.,  Oct.  6,  1892. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield: 

Gentlemen— The  Springfield  City  Railway  Company  hereby  accepts  the 
•terms  of  an  ordinance  entitled  “An  ordinance  granting  the  Springfield  City  Rail- 
way Company  the  right  to  construct  and  operate  an  electric  street  railway  on  cer- 
tain streets  in  the  city,”  passed  by  your  honorable  body  the  third  day  of  Octo- 
ber, 1892. 

Springfield  City  Railway  Company, 

By  R.  N.  Bayliss,  Pres. 


An  Ordinance  granting  to  the  Springfield  Consolidated  Railway  Company  the 

right  to  put  in  or  lay  a curve,  on  certain  streets  in  the  city  of  Springfield. 

[Passed  September!,  1897.  Ordinance  became  effective  without  approval  of 

the  Mayor.] 

Be  it  ordained  ~by  the  City  Council  of  the  City  of  Springfield: 

1454.  Permit  to  lay  curve.]  § 1.  That  subject  to  the 
provisions  and  regulations  hereinafter  named,  and  to  the  re- 
quirements of  the  general  ordinances  of  said  city,  and  to  all 
reasonable  ordinances  that  may  be  hereafter  passed  concern- 
ing streets  and  street  railways,  there  is  hereby  granted  to  the 
Springfield  Consolidated  Kailway  Company,  its  successors  and 
assigns,  the  permission  and  right  to  lay,  operate  and  maintain 
a curve  at  the  northwest  corner  of  Fifth  street  and  Capitol 
avenue  to  connect  the  present  track  on  Fifth  street  with  that 
on  Capitol  avenue. 

1455.  Trolley  wires  above  curve.]  § 2.  In  order  to  enable 
said  company  to  operate  the  above  curve,  the  permission  and 
right  is  hereby  given  to  stretch  trolley  and  guard  wires  above 
said  curve. 

1456.  Grade — construction.]  § 3.  All  of  said  work  to  be 
done  under  the  instructions  and  subject  to  the  approval  of 
the  street  and  alley  committee,  and  to  grade  given  by  the  city 
engineer  and  under  his  supervision. 

1457.  When  in  force.]  § 4.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


778 


SPECIAL  ORDINANCES  OF  CITY. 


An  Ordinance  granting  to  the  Springfield  Consolidated  Railroad  Company 

the  right  to  construct  and  operate  an  electric  street  railway  over  certain  streets 

in  the  city  of  Springfield.  [Passed  September  18,  1899.  Approved  September 

18,  1899.  J 

Be  it  ordained  by  the  City  Council  of  the  City  of  Spring  field : 

1458.  Permit  to  operate  on  certain  streets.]  § 1.  That 

subject  to  the  provisions  and  regulations  hereinafter  made,  and 
the  requirements  of  the  general  ordinances  that  may  hereafter  be 
passed  concerning  streets  and  street  railways,  there  is  hereby 
granted  to  the  Springfield  Consolidated  Hailway  Company,  its 
successors  and  assigns,  the  right  and  authority  to  construct  and 
operate  an  electric  railway,  with  the  necessary  side  tracks,  turn- 
outs and  switches,  on  the  following  streets  of  said  city,  to-wit: 
Commencing  at  the  intersection  of  Washington  and  Eleventh 
streets,  and  running  thence  north  on  Eleventh  street  to  Jeffer- 
son street,  thence  east  on  Jefferson  street  to  Fourteenth  street, 
thence  north  on  Fourteenth  street  to  Carpenter  street,  and  thence 
east  on  Carpenter  street  to  East  Grand  avenue.  Said  tracks, 
side-tracks,  turnouts  and  switches  shall  be  located  by  and  under 
the  direction  of  the  street  and  alley  committee,  and  said  rail- 
way company  shall  plank  and  keep  in  repair,  with  good  two 
inch  oak  plank  between  its  rails  and  six  inches  on  either  side 
at  the  intersection  of  streets  and  alleys  on  streets  where  there 
in  no  paving.  And  said  company  in  constructing  and  operat- 
ing said  street  railway  shall  have  the  right  to  intersect  and 
cross  the  tracks  of  any  steam  railroad. 

1459.  Provisions  in  regard  to  poles.]  § 2.  To  enable  said 
company  to  operate  by  electricity,  it  is  hereby  authorized  to 
erect  suitable  trimmed  and  painted  poles  and  supports  along 
each  side  of  said  street,  from  the  generator  or  power  station  or 
stations,-  or  car  houses,  to  and  along  the  line  of  said  railway 
and  to  connect  the  pales  and  supports  by  such  wires  as  may 
be  necessary  for  the  transmission  of  power  and  successful  opera- 
tion of  said  railway.  Select  straight  cedar  poles  shall  be  used, 
of  uniform  size,  about  seven  inches  in  diameter  at  the  top  end, 
and  ten  or  twelve  inches  in  diameter  at  the  ground  line.  All 
poles  shall  be  dressed  smooth  and  straight  and  neatly  rounded 
or  pointed  at  the  top  end,  anl  set  perpendicular  in  straight 
alignment  with  the  street  curbing;  and  the  poles  shall  be 
placed  not  less  than  one  hundred  feet  apart,  except  at  the  in- 


STREET  RAILWAYS. 


779 


tersection  of  streets  and  avenues,  where  the  said  distance  would 
place  the  poles  in  the  intersection  of  the  streets  or  avenues. 
Said  poles  shall  at  all  times  be  neatly  painted;  but  nothing 
herein  shall  preclude  the  said  company  using  poles  already 
erected.  Said  poles  shall  be  erected  under  the  direction  of 
the  city,  through  the  street  and  alley  committee  or  proper  of- 
ficers. 

1460.  Wires.]  § 3.  The  said  wires  shall  be  suspended  not 
less  than  eighteen  feet  above  the  rails,  and  no  persons  or  com- 
panies shall  place  any  wires  beneath  the  wires  of  said  com- 
pany in  such  a way  as  to  obstruct  the  practical  operation  of 
its  road.  The  supporting  wires,  guard  wires  and  fixtures, 
comprising  the  overhead  construction  shall  be  of  a neat  design, 
and  put  up  and  constructed  in  a uniform-  neat  and  substan- 
tial manner. 

1461.  Penalty  for  removing  or  breaking  wires.]  § 4.  Any 

persons  other  than  an  officer  or  employe  of  the  city  who  shall 
willfully  remove  or  break  any  of  the  wires  used  by  said  rail- 
way, shall  be  fined  in  a sum  not  to  exceed  two  hundred  dollars 
for  each  wire  or  part  of  wire  removed  or  broken. 

1462.  To  conform  to  grade.]  § 5.  If  at  any  time  the 
city  shall  establish  a grade  on  any  street  or  avenue  used  or  oc- 
cupied by  the  track  or  tracks  of  said  company,  or  shall  change  the 
grade  already  established,  the  said  railway  company,  its  successors 
and  assigns,  shall  raise  or  lower  its  track  to  conform  to  said 
grade  when  notified  so  to  do  by  the  city  council  or  city  engi- 
neer, at  its  own  cost  and  expense. 

1463.  Paving.]  § 6.  On  all  streets  where  the  same  or  any 
part  thereof  shall  be  ordered  to  be  paved  by  the  city  council, 
said  company’s  right  of  way  thereon,  included  in  such  order, 
shall  be  paved  between  the  rails  of  its  track,  and  for  the  space 
of  twelve  inches  outside  of  said  rails,  and  between  the  main 
tracks  and  switches  with  such  material  and  in  such  manner 
as  the  city  council  shall  order;  and  all  paving  ordered  to  be 
laid  by  said  company  shall  be  laid  and  kept  in  repair,  with 
the  same  material  used  in  it,  and  at  the  expense  of  the  said 
company.  And  if  the  said  company,  its  successors  and  as- 
signs, shall  fail  to  comply  with  the  provisions  requiring  it  to 


780 


SPECIAL  ORDINANCES  OF  CITY; 


repair  and  pave  on  its  right  of  way  any  streets,  after  notice  to 
do  so  by  the  city  council  or  city  engineer,  by  service  thereon, 
on  any  officer  of  said  company,  after  thirty  days  after  receiv- 
ing such  notice,  the  said  company  shall  forfeit  and  pay  into 
the  city  treasury  the  sum  of  ten  dollars  per  day  upon  the  time 
the  said  company  shall  fail  to  put  down  or  repair  said  paving, 
as  liquidated  damages,  the  same  to  be  recoverable  of  and  from 
said  company,  by  the  city  of  Springfield,  at  the  expense  of 
said  company,  and  said  company  shall  repay  the  cost  thereof 
to  the  city  upon  demand. 

1464.  Guard  wires.]  § 7.  And  it  is  made  the  duty  of  said 
company  to  stretch  and  maintain  a suitable  guard  wire  along 
and  above  its  electric  cable  and  over  wires  at  all  points  within 
the  city  where  other  wires  belonging  to  other  companies  are 
suspended  from  or  above  said  electric  cable,  the  same  to  be  ex- 
tended along  the  whole  line  of  said  railway  when  required  by 
the  city  council. 

1465.  To  commence  construction  within  ninety  days.] 

§ 8.  The  right  to  build  and  operate  in  the  streets  set  forth 
in  section  one  herein,  shall  be  forfeited  to  the  city  of  Spring- 
field,  unless  the  said  company  shall  commence  the  construc- 
tion of  said  railway  within  ninety  days  from  the  passage  of  this 
ordinance.  If  any  portion  of  the  routes  set  forth  in  section 
one  herein  is  not  completed  and  in  operation  within  nine  months 
from  the  date  of  the  passage  of  this  ordinance,  the  grant  as 
to  such  uncompleted  portion  shall  be  forfeited  to  the  city  of 
Springfield,  unless  the  city  council  shall  by  ordinance  extend 
the  time  of  completion.  Time  shall  not  run  against  said  rail- 
way company  if  the  delay  is  not  due  to  the  fault  of  the 
company. 

1466.  Shall  protect  city  from  damage  suits.]  § 9.  Said 

Springfield  Consolidated  Railway  Company,  its  successors  and 
assigns,  or  all  persons  or  corporations,  owning,  leasing,  operat- 
ing or  controlling  said  railway,  shall  save  and  keep  harmless 
the  city  of  Springfield  on  account  of  any  and  all  damages  and 
costs  on  any  cause  of  action  that  may  be  brought  by  any  per- 
son or  persons,  companies  or  corporations  against  said  city 
at  any  time  hereafter  by  reason  of  this  grant  or  by  reason  of 


STREET  RAILWAYS. 


781 


the  construction  of  said  railway  or  any  part  of  it,  in  which  the 
city  may  be  sued  or  impleaded  with  said  company,  its  succes- 
sors or  assigns,  or  otherwise. 

1467.  Rate  of  fare.]  § 10.  The  rate  of  fare  for  a con- 
tinuous trip  in  one  direction  shall  not  exceed  five  cents  for  each 
person.  All  persons  after  paying  one  fare  shall  be  entitled  to 
receive  transfer  tickets  for  a continuous  trip  which  will  pass 
them  on  the  line  of  railway  upon  which  fare  is  paid  to  any  point 
on  any  other  line  of  street  railway  that  is  being  now  or  may  be 
hereafter  operated  by  the  Springfield  Consolidated  Railway  Com- 
pany. 

1468.  All  rights  extended  for  twenty  years.]  § 11.  All 

rights  and  privileges  heretofore  granted  to  the  Springfield  City 
Railway  Company,  the  Capital  Horse  Railway  Company,  the 
People’s  Electric  Gas  Motor  and  Horse  Railway  Company,  the 
Citizens  Street  Railway  Company  and  the  Springfield  Consoli- 
dated Railway  Company,  are  hereby  extended  for  twenty  years 
fronf  the  passage  of  this  ordinance. 

1469.  Company  must  accept  within  fifteen  days.]  § 12. 

This  ordinance  shall  take  effect  and  be  in  force  only  upon  the 
filing  within  fifteen  days  after  its  passage,  in  the  office  of  the 
city  clerk  of  the  said  city,  by  said  Springfield  Consolidated  Rail- 
way Company,  its  successors  and  assigns,  of  its  acceptance  of 
the  terms  thereof  which  acceptance  shall  be  in  writing  and  be 
reported  by  the  clerk  to  the  city  council  and  entered  in  full  upon 
the  journal  thereof,  and  this  ordinance  shall  continue  in  force 
for  the  period  of  twenty  years,  subject  to  the  considerations 
aforesaid. 


Acceptance. 

Springfield,  III.,  Sept.  19,  1899. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield,  111. : 

Gentlemen— The  Springfield  Consolidated  Railway  Company  hereby  ac- 
cepts the  terms  of  an  ordinance  entitled  “An  ordinance  granting  to  the  Spring- 
field  Consolidated  Railway  Company  the  right  to  construct  and  operate  an  elec- 
tric street  railway  over  certain  streets  in  the  city  of  Springfield.”  Passed  Septem- 
ber 18th,  1899,  and  approved  September  18th,  1899. 

Springfield  Consolidated  Railway  Company, 

By  William  Jarvis,  President. 


782 


SPECIAL  ORDINANCES  OF  CITY. 


An  Ordinance  granting  to  the  Springfield  Consolidated  Railway  Company  the 

right  to  construct  and  operate  an  electric  street  railway  over  certain  streets  in 

tiie  city  of  Springfield.  I Passed  July  1,  1931.  Approved  July  2,  1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1470.  Permit  to  operate  along  certain  streets — conditions.] 

§ 1.  That  subject  to  the  provisions  and  regulations  hereinafter 
made,  and  to  the  requirements  of  the  general  ordinances  of  said 
city  and  to  all  reasonable  ordinances  that  may  hereafter  be 
passed  concerning  streets  and  street  railways  there  is  hereby 
granted  to  the  Springfield  Consolidated  Kailway  Company,  its 
successors  and  assigns,  the  right  and  authority  to  construct  and 
operate  an  electric  railway  with  necessary  side-tracks,  turnouts 
and  switches  on  the  following  streets  of  said  city,  to-wit : Com- 

mencing at  the  intersection  of  Walnut  and  Monroe  streets,  thence 
west  on  Monroe  street  to  Glen  wood  avenue,  thence  north  on 
Glen  wood  avenue  to  Washington  street,  thence  west  on  Washing- 
ton street  to  Amos  avenue.  Said  tracks,  side  tracks,  turnouts, 
and  switches  shall  be  located  by  and  under  the  direction  of  the 
street  and  alley  committee  and  said  railway  company  shall  ]Jlank 
and  keep  in  repair,  with  good  two-inch  oak  plank  between  its 
rails  and  six  inches  on  either  side  at  the  intersection  of  the 
streets  and  alleys  on  streets  where  there  is  no  paving.  And  said 
company  shall  grade  on  each  side  of  the  rails  and  between  the 
rails  of  said  railroad  the  entire  length  thereof  in  such  a manner 
that  vehicles  can  conveniently  cross  said  track  at  any  point 
thereof.  And  said  company  in  constructing  and  operating  said 
street  railway  shall  have  the  right  to  intersect  and  cross  the 
tracks  of  any  steam  railroad : Provided,  however,  that  said 

Springfield  Consolidated  Railway  Company,  its  successors  and 
assigns,  shall  provide  ample  service  for  the  accommodation  of 
the  public  by  running  cars  thereon  regular  from  six  o’clock  a. 
m.  to  eleven  o’clock  p.  m.,  at  least  every  fifteen  minutes  during 
such  time : And  provided,  further,  that  said  cars  shall  all  be 

operated  with  a conductor  thereon. 

1471.  Provisions  as  to  poles.]  § 2.  To  enable  said  com- 
pany to  operate  by  electricity,  it  is  hereby  authorized  to  erect 
suitable  trimmed'  and  painted  poles  and  supports  along  each  side 
of  said  streets  from  the  generator  or  power  station  or  stations 
or  car  houses  to  and  along  the  lines  of  said  railway,  and  to  con- 
nect the  poles  and  supports  by  such  wires  as  may  be  necessary 


STREET  KAIL  WAYS. 


783 


for  the  transmission  of  power  and  successful  operation  of  said 
railway.  Select  straight  cedar  poles,  shall  be  used,  of  uniform 
size,  about  seven  inches  in  diameter  at  the  top  end,  and  ten  or 
twelve  inches  in  diameter  at  the  ground  line.  All  poles  shall 
be  dressed  smooth  and  straight  and  neatly  rounded  or  pointed 
at  the  top  end,  and  set  perpendicular  in  straight  alignment  with 
the  street  curbing  and  the  poles  shall  be  placed  not  less  than  one 
hundred  feet  apart,  except  at  the  intersections  of  the  streets  and 
avenues  where  the  said  distance  would  place  the  poles  in  the  in- 
tersection of  the  streets  and  avenues.  Said  poles  shall  at  all 
times  be  kept  neatly  painted;  but  nothing  herein  shall  preclude 
the  said  company  using  poles  already  erected.  Said  poles  shall 
be  erected  under  the  direction  of  the  city  through  the  street  and 
alley  committee  or  proper  officers. 

1472.  Wires.]  § 3.  The  said  wires  shall  be  suspended  not 
less  than  eighteen  feet  above  the  rails,  and  no  person  or  persons 
or  companies  shall  place  any  wires  beneath  the  wires  of  said 
company  in  such  a way  as  to  obstruct  the  practical  operation  of 
its  road.  The  supporting  wires,  guard  wires,  and  fixtures,  com- 
prising the  over  head  construction  shall  be  of  a neat  design 
and  put  up  and  constructed  in  a uniform  neat  and  substantial 
manner. 

1473.  Penalty  for  damaging  wires.]  § 4.  Any  persons, 
other  than  an  officer  or  an  employee  of  the  city,  who  shall  will- 
fully remove  or  break  any  of  the  wires  used  by  said  railway 
company  in  the  operation  of  its  railway,  shall  be  fined  in  a sum 
not  to  exceed  two  hundred  dollars  for  each  wire  or  part  of  wire 
removed  or  broken. 

1474.  To  conform  to  grade.]  § 5.  If  at  any  time  the 
city  shall  establish  a grade  on  any  street  or  avenue  used  or  oc- 
cupied by  the  track  or  tracks  of  said  company,  or  shall  change 
the  grade  already  established,  the  said  railway  company,  its  suc- 
cessors or  assigns,  shall  raise  or  lower  its  tracks  to  conform  to 
said  grade  when  notified  so  to  do  by  the  city  council  or  city  en- 
gineer at  its  own  expense. 

1475.  Streets  to  be  paved  and  kept  in  repair.]  § 6.  In- all 

streets  where  the  same  or  any  parts  thereof  shall  be  ordered  to 
be  paved  by  the  city  council,  said  company’s  right  of  way  thereon 


784 


SPECIAL  ORDINANCES  OF  CITY. 


included  in  such  order  shall  be  paved  between  the  rails  of  its 
track  and  for  the  space  of  twelve  inches  outside  of  said  rails  and 
between  the  main  tracks  and  switches.,  with  such  material  and  in 
such  manner  as  the  city  council  shall  order,  and  all  paving 
ordered  to  be  laid  by  said  company  shall  be  laid  and  kept  in  re- 
pair with  the  same  material  used  in  it  and  at  the  expense  of  the 
company.  And  if  the  said  company,  its  successors  and  assigns, 
shall  fail  to  comply  with  the  provisions  requiring  it  to  repair 
and  pave  on  its  right  of  way  on  any  street  after  notice  to  do  so 
by  the  city  council  or  city  engineer  by  service  thereon  on  any 
officer  of  said  company,  after  thirty  days  after  receiving  such 
notice  the  said  company  shall  forfeit  and  pay  into  the  city 
treasury  the  sum  of  twenty-five  dollars  per  day  from  the  time 
the  said  company  shall  fail  to  put  down  and  repair  said  paving,  as 
liquidated  damages,  the  same  to  be  recoverable  of  and  from  the 
said  company  by  the  city  of  Springfield,  at  the  expense  of  said 
company,  and  said  company  shall  repay  the  cost  thereof  to  the 
city  on  demand. 

1476.  Guard  wires.]  § 7.  And  it  is  made  the  duty  of  the 
said  company  to  stretch  and  maintain  a suitable  guard  wire 
along  and  above  its  electric  cable  and  other  wires  at  all  points 
within  the  city  where  other  wires  belonging  to  other  companies 
are  suspended  from  or  above  electric  cables  the  same  to  be  ex- 
tended along  the  whole  line  of  said  railway  when  required  by 
the  city  council. 

1477.  Time  of  commencing  and  completing.]  § 8.  The 

right  to  build  and  operate  in  the  streets  set  forth  in  section  one 
herein  shall  be  forfeited  to  the  city  of  Springfield  unless  the  said 
company  shall  commence  the  construction  of  said  railway  within 
thirty  days  from  the  passage  of  this  ordinance;  and  if  any  por- 
tion of  the  routes  set  forth  in  section  one  herein  is  not  completed 
and  in  operation  within  four  months  from  the  date  of  the  pas- 
sage of  this  ordinance,  the  rights  herein  granted  shall  be  forfeited 
to  the  city  of  Springfield,  unless  the  city  council  shall  by  ordi- 
nance extend  the  time  for  completion.  Time  shall  not  run 
against  said  railway  company  if  the  delay  is  not  due  to  the  fault 
of  said  company. 

1478.  Shall  protect  city  from  damage  suits.]  § 9.  Said 

Springfield  Consolidated  Railway  Company,  its  successors  and 


STREET  RAILWAYS. 


785 


assigns,  and  all  persons  and  corporations  owning,  leasing,  operat- 
ing, or  controlling  said  railway  shall  save  and  keep  harmless  the 
city  of  Springfield,  on  account  of  any  and  all  damages  and  costs 
of  any  cause  of  action  that  may  be  brought  by  any  person  or 
persons,  corporations  or  companies,  against  said  city  at  any 
time  hereafter  by  reason  of  this  grant  or  by  reason  of  the  con- 
struction of  said  railway  or  any  part  of  it  in  which  the  city  may 
be  sued  or  impleaded  with  said  company,  its  successors  and 
assigns,  or  otherwise. 

1479.  Rate  of  fare.]  § 10.  The  rate  of  fare  for  a continu- 
ous trip  in  one  direction  shall  not  exceed  five  cents  for  each 
person.  All  persons  after  paying  one  fare  shall  be  entitled  to 
receive  transfer  tickets  for  a continuous  trip,  which  shall  pass 
them  on  the  line  of  railway  upon  which  said  fare  is  paid  to  any 
point  on  any  other  line  of  street  railway  that  is  being  now,  or 
may  be  hereafter  operated  by  the  Springfield  Consolidated  Rail- 
way Company. 

1480.  Must  accept  within  fifteen  days.]  § 11.  This  ordi- 
nance shall  take  effect  and  be  in  force  only  upon  the  filing  within 
fifteen  days  after  its  passage,  in  the  office  of  the  city  clerk  of 
said  city,  by  said  Springfield  Consolidated  Railway  Company,  its 
successors  and  assigns,  of  its  acceptance  of  the  terms  thereof, 
which  acceptance  shall  be  in  writing  and  be  reported  by  the  clerk 
to  the  city  council  and  entered  in  full  upon  the  journals  thereof, 
subject  to  the  conditions  aforesaid.  And  this  ordinance  shall 
continue  and  be  in  force  for  a period  of  twenty  years. 

Acceptance. 

Springfield  Consolidated  Railway  Co., 
Springfield,  Illinois. 

C.  K.  Minary,  Manager. 

July  2nd,  1901. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield,  Illinois: 

Gentlemen— The  Springfield  Consolidated  Railway  Company  hereby  ac- 
cepts the  terms  of  an  ordinance  entitled  “An  ordinance  granting  to  the  Spring- 
field  Consolidated  Railway  Company  the  right  to  construct  and  operate  an  elec- 
tric street  railway  over  certain  streets  in  the  city  of  Springfield,  ” passed  July  1st, 
1901,  and  approved  July  2nd,  1901. 

(Signed)  Springfield  Consolidated  Railway  Co., 

By  William  Jarvis,  President. 


. 786 


SPECIAL  ORDINANCES  OF  CITY. 


An  Ordinance  granting  to  the  Springfield  Consolidated  Railway  Company 

the  right  to  construct  and  operate  an  electric  street  railway  over  certain  streets 

in  the  city  of  Springfield.  | Passed  January  20,  1902.  Approved  January  20, 

1902.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1481a,  Company  authorized  to  construct  and  operate  a 
road  on  parts  of  certain  streets.]  § 1.  That  subject  to  the 
provisions  and  regulations  hereinafter  made,  and  to  the  re- 
quirements of  the  general  ordinances  of  said  city,  and  to  all 
reasonable  ordinances  that  may  hereafter  be  passed  concerning 
streets  and  street  railways,  there  is  hereby  granted  to  the 
Springfield  Consolidated  Railway  Company,  its  successors  and 
assigns,  the  right  and  authority  to  construct  and  operate  a sin- 
gle or  double  track  electric  railway  with  necessary  side  tracks, 
curves,  turnouts,  switches  and  cross  overs,  on  the  following 
streets  of  said  city,  to-wit:  Commencing  at  Spring  street  and 

South  Grand  avenue,  thence  south  on  Spring  street  to  Cedar 
street,  thence  west  on  Cedar  street  to  twelve  hundred  feet  west  of 
Fasfield  street.  Said  tracks,  side  tracks,  turnouts,  switches  and 
cross  overs  shall  be  located  by  and  under  the  direction  of  the 
street  and  alley  committee,  and  said  railway  company  shall 
plank  and  keep  in  repair,  with  good,  two-inch  oak  planks,  be- 
tween its  rails  and  twelve  inches  on  either  side  at  the  inter- 
section of  the  streets  and  alleys  on  streets  where  there  in  no  pav- 
ing. And  said  company  shall  grade  between  and  on  each  side 
of  the  rails  and  keep  same  well  filled  the  entire  length  in  such 
a manner  that  vehicles  can  conveniently  cross  said  tracks  at  any 
point.  And  said  company  in  constructing  and  operating  said 
street  railway  shall  have  the  right  to  intersect  and  cross  the 
tracks  of  any  steam  railroads:  Provided,  however , that  said 

Springfield  Consolidated  Railway  Company,  its  successors  and 
assigns,  shall  provide  ample  service  for  the  accommodation  of 
the  public  by  running  cars  thereon  regularly  from  six  o’clock 
a.  m.  to  eleven  o’clock  p.  m.  at  least  every  fifteen  minutes  dur- 
ing such  time;  and  provided,  further,  that  said  cars  shall  all 
be  operated  with  a conductor  thereon. 

1481b.  Right  to  erect  poles  and  string  wires.]  § 2.  To 

enable  said  company  to  operate  by  electricity,  it  is  hereby  au- 
thorized to  erect  suitable  trimmed  and  painted  poles  and  sup- 
ports, along  each  side  of  said  streets  from  the  generator  or 


STREET  RAILWAYS. 


787 


power  station  or  stations,  or  car  houses,  to  and  along  the  lines 
of  said  railway,  and  to  connect  the  poles  and  supports  by  string- 
ing or  erecting  such  wires  for  the  transmission  of  power,  and 
the  return  ground,  as  may  be  necessary  for  the  successful  opera- 
tion of  said  railway.  Select,  straight  cedar  poles  shall  be  used, 
of  uniform  size,  about  seven  inches  in  diameter  at  the  top  end 
,and  ten  or  twelve  inches  in  diameter  at  the  ground  line.  All 
poles  shall  be  dressed  smooth  and  straight  and  neatly  rounded 
or  pointed  at  the  top  end,  and  set,  perpendicular  in  straight 
alignment  with  the  street  curbing,  and  the  poles  shall  be  placed 
not  less  than  one  hundred  feet  apart,  except  at  the  intersec- 
tions of  the  streets  and  avenues,  where  the  said  distance  would 
place  the  poles  in  the  intersections  of  the  streets  and  avenues. 
Said  poles  shall  at  all  times  be  kept  neatly  painted ; but  nothing 
herein  shall  preclude  the  said  company  using  poles  already 
erected.  Said  poles  shall  be  erected  under  the  direction  of 
the  city,  through  the  street  and  alley  committee  or  proper  city 
officers. 

1481c.  Wires — height  of — not  to  be  obstructed — guard 
wires.]  § 3.  The  said  wires  shall  be  suspended  not  less  than 
eighteen  feet  above  the  rails,  and  no  person  or  companies  shall 
place  any  wires  beneath  the  wires  of  said  company  in  such  way 
as  to  obstruct  the  practical  operation  of  its  road.  The  sup- 
porting wires,  guard  wires  and  fixtures,  comprising  the  over- 
head construction,  shall  be  of  a neat  design,  and  put  up  and 
constructed  in  a uniform,  neat  and  substantial  manner. 

1481d.  Wires — penalty  for  removing  or  breaking.]  § 4. 

Any  person  or  persons  other  than  an  officer  or  employe  of  the 
city,  who  shall  willfully  break  or  remove  any  of  the  wires  used 
by  the  said  railway  company  in  the  operation  of  its  railway,  shall 
be  fined  in  a sum  not  to  exceed  two  hundred  dollars  for  each 
wire  or  part  of  wire  removed  or  broken. 

1481  e.  Grade — established  or  changed — company  to  con- 
form.] § 5.  If  at  any  time  the  city  shall  establish  a grade  on 
any  street  or  avenue  used  or  occupied  by  the  track  or  tracks 
of  said  company,  or  shall  change  the  grade  already  established, 
the  said  railway  company,  its  successors  or  assigns,  shall  raise 
or  lower  its  track  to  conform  to  said  grade  when  notified  so  to 
do  by  the  city  council,  or  city  engineer,  at  its  own  expense. 


788 


SPECIAL  ORDINANCES  OF  CITY. 


1481f.  Company  to  pave  right  of  way — penalty  for  neglect.] 

§ G.  On  all  streets  where  the  same  or  any  part  thereof  shall 
be  ordered  to  be  paved  by  the  city  council,  said  company’s  right 
of  way  thereon  included  in  such  order,  shall  be  paved  between 
the  rails  of  its  track,  and  for  the  space  of  twelve  inches  out- 
side of  said  rails  and  between  the  main  track  and  switches,  with 
such  material  and  in  such  manner  as  the  eity  council  shall 
order,  and  all  paving  ordered  to  be  laid  by  said  company  shall 
be  laid  and  kept  in  repair  with  the  same  material  used  in  it, 
and  at  the  expense  of  the  company.  And  if  the  said  company, 
its  successors  and  assigns  shall  fail  to  comply  with  the  pro- 
visions requiring  it  to  repair  and  pave  on  its  right  of  way  on 
any  street,  after  notice  to  do  so  by  the  city  council  or  city  en- 
gineer, by  service  thereon  on  any  officer  of  said  company,  after 
thirty  days  after  receiving  such  notice,  the  said  company  shall 
forfeit  and  pay  into  the  city  treasury  the  sum  of  twenty-five 
dollars  per  day  upon  the  time  the  said  company  shall  fail  to 
put  down  and  repair  said  paving,  as  liquidated  damages,  the 
same  to  be  recoverable  of  and  from  said  company  by  the  city 
of  Springfield,  at  the  expense  of  said  company,  and  said  com- 
pany shall  repay  the  cost  thereof  to  the  city  on  demand. 

1481g.  Guard  wires.]  § 7.  And  it  is  made  the  duty  of  said 
company  to  stretch  and  maintain  a suitable  guard  wire  along 
and  above  its  electric  cable  and  other  wires  at  all  points  within 
the  city  where  other  wires  belonging  to  other  companies  are 
suspended  from  or  above  said  electric  cable,  the  same  to  be  ex- 
tended along  the  whole  line  of  said  railway  when  required  by  the 
city  council. 

1481h.  Company  to  commence  construction  within  sixty 
days.]  § 8.  The  right  to  build  and  operate  in  the  streets  set 
forth  in  section  one  (1)  herein  shall  be  forfeited  to  the  city 
of  Springfield,  unless  the  said  company  shall  commence  the 
construction  of  said  railway  within  sixty  days  from  the  passage 
of  this  ordinance.  If  cars  are  not  in  actual  operation  within 
eight  months  from  the  date  of  the  passage  of  this  ordinance, 
the  rights  herein  granted  shall  be  forfeited  to  the  city  of  Spring- 
field,  unless  the  city  council  shall,  by  ordinance,  extend  the  time. 
The  time  shall  not  run  against  the  said  company  if  the  delay  is 
not  due  to  the  fault  of  said  company. 


STREETS  AND  ALLEYS. 


789 


1481i.  City  to  be  kept  harmless.]  § 9.  Said  Springfield 

Consolidated  Kailway  Company,  its  successors  and  assigns, 
and  all  persons  or  corporations  owning,  leasing,  operating  or 
controlling  said  railway,  shall  save  and  keep  harmless  the  city 
of  Springfield  on  account  of  any  and  all  damages  and  costs, 
of  any  cause  of  action  that  may  be  brought  by  any  person  or 
persons,  companies  or  corporations  against  said  city  at  any 
time  hereafter  by  reason  of  this  grant  or  by  reason  of  the  con- 
struction of  said  railway  or  any  part  of  it,  in  which  the  city 
may  be  sued  or  impleaded  with  said  company,  its  successors 
and  assigns,  or  otherwise. 

1481j.  Rate  of  fare.]  § 10.  'The  rate  of  fare  for  one  con- 
tinuous trip  in  one  direction  shall  not  exceed  five  cents  for  each 
person.  All  persons  after  paying  one  fare  shall  be  entitled  to 
receive  transfer  tickets  for  a continuous  trip,  which  shall  pass 
them  on  the  line  of  railway  upon  which  said  fare  is  paid  to 
any  point  on  any  other  connecting  line  of  street  railway  that 
is  being  now,  or  may  be  hereafter,  operated  by  the  Springfield 
Consolidated  Railway  Company. 

1481k.  Company  to  file  acceptance — ordinance  to  be  in  force 
twenty  years.]  § 11.  This  ordinance  shall  take  effect  and  be 
in  force  only  upon  the  filing  within  fifteen  days  after  its  passage 
in  the  office  of  the  city  clerk  of  said  city,  by  said  Springfield 
Consolidated  Railway  Company,  its  successors  and  assigns,  of 
its  acceptance  of  the  terms  thereof,  which  acceptance  shall  be 
in  writing  and  be  reported  by  the  clerk  to  the  city  council  and 
entered  in  full  upon  the  journal  thereof,  subject  to  the  condi- 
tions aforesaid,  and  this  ordinance  and  all  ordinances  hereto- 
fore granted  said  company,  shall  continue  and  be  in  force  for  a 
period  of  twenty  years  from  the  date  of  the  acceptance  of  this 
ordinance. 


STREETS  AND  ALLEYS. 

CHANGE  OF  NAME. 

An  Ordinance  changing  the  name  of  Market  street.  [Passed  September  3,1877.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1481.  Market  street  changed  to  Capitol  avenue.]  § 1. 

That  the  name  of  Market  street  be,  and  the  same  is  hereby, 


SPECIAL  ORDINANCES  OF  CITY. 


7(J0 


changed  to  Capitol  avenue;  and  all  ordinances  or  parts  of  ordi- 
nances in  conflict  herewith  are  hereby  repealed. 

1482.  In  force.]  § 2.  This  ordinance  shall  be  in  force 
from  and  after  its  passage. 

Resolution  for  changing  the  name  of  Reval  street.  [Adopted  by  the  City 
Council,  October  2.  1882.] 

Whereas,  The  street  running  north  and  south  through  the 
city,  in  the  western  part  thereof,  being  named,  respectively, 
Reval  street  and  Pasfield  street,  and  being  one  and  the  same 
street;  therefore,  be  it 

Resolved  by  the  City  Council  of  the  City  of  Springfield:  That 
the  name  of  Reval  street  be  dropped,  and  that  the  street  be  named 
and  hereafter  known  as  Pasfield  street. 

STREETS  VACATED. 

An  Ordinance  providing  for  vacating  a certain  portion  of  Third  street.  [Passed 
November  13,  1865.  Approved  November  13,  1865.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1483.  Vacation  of  part  of  Third  street.]  § 1.  That  the 

west  twenty-six  (26)  feet  of  Third  street,  between  blocks  three 
(3)  and  four  (4),  in  Allen’s  addition  to  Springfield,  be,  and 
the  same  is  hereby,  vacated  as  a street : Provided , that  the  city 

council  reserves  the  right  to  repeal  this  ordinance  at  any  time, 
in  their  discretion. 

An  Ordinance  vacating  the  east  end  of  New  (or  rear)  Market  street,  and  author- 
izing the  sale  of  the  same;  also,  the  sale  of  the  east  end  of  Market  Square. 
[Passed  November  27,  1865.  Approved  November  29,  1865.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1484.  Vacation  of  part  of  street  and  alley.]  § 1.  That 
one  hundred  and  twenty  (120)  feet  off  of  the  east  end  of  New 
(or  rear)  Market  street,  and  one  hundred  and  twenty  (120) 
feet  off  ofi  the  east  end  of  the  alley  in  block  fifteen  (15)  in  E. 
IJes’  addition  to  the  town  (now  city)  of  Springfield,  be,  and 
the  same  are  hereby,  discontinued  and  vacated,  as  a street  and 
alley,  the  consent,  in  writing,  of  all  persons  owning  land  or 
lots  adjoining  said  street  and  alley  having  been  obtained.  Said 
street  being  between  Market  Square  and  block  fifteen  (15)  in 
E.  lies’  addition.* 


* The  remaining  portion  of  the  above  ordinance  is  omitted. 


STREETS  AND  ALLEYS. 


791 


An  Ordinance  for  vacating  portions  of  Cass  and  Kansas  streets,  and  for  other 

purposes  therein  mentioned.  [Passed  Dec.  4,  1882.  Approved  Dec.  6,  1882. J 

Whereas,  The  Wabash,  St.  Louis  and  Pacific  Railway  Com- 
pany has  agreed  that,  upon  the  passage  of  the  ordinance  here- 
inafter recited,  by  the  city  council  of  the  city  of  Springfield, 
the  said  company  will  abandon  all  claim  for  damages  arising 
by  reason  of  the  projection  and  extension,  by  said  city,  of  O’Don- 
nell street,  Division  street  and  Reservoir  street  across  and  upon 
the  right  of  way  of  said  railway  company,  in  the  northeast  part 
'of  said  city;  now,  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1485.  Vacation  of  parts  of  Cass  and  Kansas  streets.]  § 1. 

That  all  that  portion  of  Cass  street  lying  between  block  three 
(3)  and  block  eight  (8)  in  Barret’s  addition  to  the  city  of 
Springfield,  and  all  that  portion  of  Kansas  street  lying  be- 
tween block  eight  (8)  in  Barret’s  addition  to  the  city  of  Spring- 
field,  and  the  west  one  hundred  feet  of  lot  two  (2)  in  block 
two  (2)  of  Barret’s  addition  of  out  lots,  be  and  the  same  are 
hereby  vacated. 

1486.  Proceedings  for  the  extension  of  Douglas  and  Clay 
streets  to  be  abandoned  by  city.]  § 2.  That  all  proceedings 
for  the  purpose  of  opening  and  extending  Douglas  street  and 
Clay  street  upon  and  across  the  right  of  way  of  the  Wabash, 
St.  Louis  and  Pacific  Railway  Company,  in  the  southeast  part 
of  said  city,  be  and  the  same  are  discontinued  and  abandoned. 

1487.  Right  reserved  to  build  a foot-bridge  across  the  right 
of  way  of  said  railway  company,  between  Cook  street  and  South 
Grand  Avenue.]  § 3.  The  right  is  reserved  to  the  said  city 
to  build  a foot-bridge  across  the  right  of  way  and  property  of 
the  said  Wabash,  St.  Louis  and  Pacific  Railway,  at  any  point 
between  Cook  street  and  South  Grand  avenue  that  the  said  city 
council  may  hereafter  select;  said  bridge  to  be  so  built  as  not 
to  interfere  with  the  business  of  said  company,  and  to  be  con- 
structed under  the  joint  supervision  and  control  of  engineers 
to  be  appointed  b}^.  the  city  council  and  the  said  railway  com- 
pany, respectively. 

1488.  In  force  from  passage.]  § 4.  This  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


792 


SPECIAL  ORDINANCES  OF  CITY. 


An  Ordinance  to  vacate  an  alley  in  Charles  Kidgely’s  addition.  [Approved 
March  12, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1489.  Vacation  of  alley.]  § 1.  That  the  alley  on  the  west 

end  of  lots  one  and  two  and  on  the  east  side  of  lot  five,  in 
Charles  Bidgely’s  addition  to  the  city  of  Springfield,  be  and  the 
same  is  hereby  vacated,  and  that  the  land  forming  said  alley 
shall  be  attached  to  and  form  a part  of  lot  five  in  said  addition, 
by  reason  of  a private  alley  on  the  west  side  of  lot  six  being 
granted  to  the  owners  of  the  lots  in  said  addition. 

1490.  When  in  force.]  § 2.  This  ordinance  shall  be  in 

effect  from  and  after  its  passage. 

An  Ordinance  changing  the  name  of  High  street,  Wright  street  and  Douglas- 
street  to  Douglas  avenue.  [Passed  Dec.  11,  1888.  Approved  Dec.  15,  1888.] 

Whereas,  The  streets  running  east  and  west  through  the 
city  named,  respectively,  High  street,  Wright  street  and  Douglas 
street,  are  substantially  on  the  same  line  and  substantially  the 
same  street;  therefore. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1491.  Change  of  name.]  § 1.  That  the  names  of  High 
street,  Wright  street  and  Douglas  street  be  dropped,  and 
that  said  streets  be  named  and  hereafter  be  known  as  Douglas 
avenue. 

1492.  When  in  force.]  § 2.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  to  provide  for  vacating  a certain  portion  of  Taylor  street.  [Passed 
November  11,  1889.  Approved  November  15,  1889.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1493.  Portion  of  Taylor  street  vacated.]  § 1.  That  alt 

that  portion  of  Taylor  street  west  of  a line  beginning  at  the 
southeast  corner  of  block  two,  in  J.  Bunn’s  addition  to  the  city 
of  Springfield,  and  extending  north  to  a point  on  the  south  line 
of  Miller  street  sixty  feet  west  of  the  northwest  corner  of  lot 
seventeen  in  block  one,  in  J.  Bunn’s  addition  to  the  city  of 
Springfield,  be,  and  the  same  is  hereby,  vacated  as  a street. 
The  city  hereby  expressly  reserves  the  right  to  tap,  and  to  au- 


STREETS  AND  ALLEYS. 


793 

thorize  others  to  tap  a sewer  in  said  portion  of  Taylor  street 
vacated  by  this  ordinance. 

An  Ordinance  to  provide  for  vacating  a portion  of  Division  and  Eleventh 
streets.  [Passed  May  13,  1887.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1494.  Vacation  of  part  of  street.]  § 1.  That  a triangu- 

lar piece  of  ground,  which  was  originally  platted  as  a part  of 
Division  street  and  Eleventh  street  on  the  southeast  corner  of 
block  four  of  John  W.  Priest's  complete  addition  to  the  city  of 
Springfield,  be  and  the  same  is  hereby  vacated  as  a street.  Said 
triangular  piece  of  ground  is  bounded  as  follows:  Beginning 

at  the  east  end  of  the  south  side  of  lot  eleven  in  block  four  of 
John  W.  Priest’s  complete  addition  to  the  city  of  Springfield, 
running  thence  east  twenty-six  feet  one  and  a half  inches, 
thence  north  twenty-nine  feet  seven  and  a quarter  inches,  thence 
in  a direct  line  in  a southwest  direction  to  the  place  of  beginning. 

1495.  When  in  force.]  § 2.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 


An  Ordinance  for  vacating  and  changing  an  alley  in  block  eleven  (11)  of  Al- 
len’s Addition  to  the  city.  [Approved  August  14,  1884.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1496.  Vacation  and  change  of  alley.]  § 1.  That  the 
alley,  sixteen  feet  wide,  situated  in  the  west  half  of  block  eleven, 
in  (W.  H.  ) Allen’s  addition  to  the  city  of  Springfield,  and  ex- 
tending from  the  east  line  of  Third  street  to  the  east  line  of 
an  alley  running  north  and  south  through  the  north  half  of  said 
block  eleven  as  provided  for  by  an  ordinance  of  the  city  coun- 
cil, passed  August  20,  1866,  be  and  the  same  is  hereby  vacated, 
and  all  claim  of  the  city  thereto  is  hereby  relinquished;  said 
vacation  to  take  effect  only  on  the  formal  conveyance  by  the 
owner,  to  the  city  of  Springfield,  of  the  south  sixteen  feet  of 
lot  six,  block  eleven  in  said  Allen’s  addition  for  the  uses  of  an 
alley. 

1497.  When  in  force.]  § 2.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage,  subject  to  the 
conditions  aforesaid. 


—27 


SPECIAL  ORDINANCES  OF  CITY. 


794 


An -ORDINANCE  vacating  a portion  of  a certain  alley  in  James  Brown's  Addi- 
tion. [Approved  July  8,  1884.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1498.  Vacation  of  part  of  alley.]  § 1.  That  that  portion 

of  alley  in  James  Brown’s  addition  to  Springfield,  lying  north 
of  lot  27,  in  said  James  Brown’s  adddition,  be  and  the  same  is 
hereby  vacated,  and  the  act  of  said  James  Brown,  in  platting 
that  portion  of  said  alley  rendered  null  and  void,  and  all  claims 
of  the  city  thereto  are  hereby  relinquished:  Provided,  that  the 

owners  of  lot  27,  in  James  Brown’s  addition,  plat,  or  cause  to  be 
platted,  off  the  south  side  of  said  lot  an  alley  16  feet  wide,  and 
'off  the  east  side  an  alley  20  feet  wide. 

1499.  When  in  force.]  § 2.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

■ An  Ordinance  to  vacate  part  of  an  alley  near  South  Second  street.  [Approved 
Oct.  8th,  1884.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1500.  Vacation  of  part  of  an  alley.]  § 1.  That,  whereas, 
by  the  acceptance  and  adoption  by  the  city  council  of  the  plat 
of  Ihlenfeldt’s  subdivision  of  part  of  block  1,  of  Broadwell  and 
Elkin’s  addition  to  Springfield,  the  south  half  of  the  alley  run- 
ning from  the  east  side  of  South  Second  street  east  one  hun- 
dred and  fifty- two  feet  to  the  west  side  of  the  alley  running 
north  and  south  from  Vine  street  to  South  Grand  avenue  on 
the  east  side  of  Walker  and  Stebbins’  subdivision  and  Thlen- 
feldt’s  subdivision  was  vacated,  the  north  half  of  said  alley, 
first  above  described,  being  a strip  of  land  eight  feet  wide  and 
one  hundred  and  fifty-two  feet  long,  running  east  and  west  along 
the  south  side  of  and  adjoining  lot  number  3 of  Walker  and 
Stebbins’s  subdivision,  of  lots  number  5,  6,  7,  and  8 of  block  No. 
1 of  Broadwell  and  Elkin’s  addition  to  Springfield,  be  and  the 
same  is  hereby  discontinued  and  vacated  as  an  alley. 

An  Ordinance  to  provide  for  vacating  Grimsley  avenue.  [Passed  Nov.  7,  1887. 
Approved  Nov.  8,  1887.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1501.  Vacation  of  avenue.]  § 1.  That  Grimsley  avenue 
in  said  city  be  and  the  same  is  hereby  vacated  as  a street  or 


avenue. 


STREETS  AND  ALLEYS. 


705'. 


1502.  When  in  force.]  § 2.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 

An  Ordinance  granting  permission  to  A.  L.  Ide  & Son  to  bridge  the  public 

alley  between  Fourth  and  Fifth  streets,  near  Madison.  [Passed  April  13,  1888. 

Approved  April  14,  1888.] 

Whereas,  A.  L.  Ide  & Son  by  petition  dated  March  2 , 1888, 
have  asked  permission  to  connect  their  present  foundry,  on  the 
northwest  corner  of  Fifth  and  Madison  streets,  with  a new  foun- 
dry building  to  be  erected  across  the  alley  west  from  their  foun- 
dry. Now,  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1503.  Permit  to  bridge  alley.]  § 1.  That  permission  is 
hereby  given  to  A.  L.  Ide  & Son  to  place  a bridge  with  fire  proof 
roof  across  the  public  alley  running  north  from  Madison  street.* 
between  Fourth  and  Fifth  streets,  so  as  to  connect  their  prop- 
erty on  each  side  of  said  alley.  Said  bridge  shall  be  of  a plain 
satisfactory  to  the  city  engineer,  shall  be  not  exceeding  twenty 
feet  in  width,  and  the  lowest  projections  and  timbers  shall  be  at 
least  sixteen  feet  above  the  surface  of  the  alley.  This  permission 
shall  only  be  given  for  the  space  of  twenty  years  from  the  pas- 
sage of  this  ordinance,  and  no  rights  of  the  city  shall  be  givem 
or  impaired  beyond  that  time. 

1504.  To  be  accepted  within  thirty  days.]  § 2.  Said  A, 
L.  Ide  & Son  shall,  within  thirty  days  from  the  passage  of  this 
ordinance,  make  written  acceptance  of  the  same,  or  the  per- 
mission hereby  given  shall  be  withdrawn. 

1505.  When  in  force.]  § 3.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 

An  Ordinance  granting  to  Charles  Freitag  the  right  to  construct  a scale  inanr. 

alley.  [Passed  October  17,  1890.  Approved  October  21,  1890.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : * 

1506.  Permit  to  construct  scale  in  alley.]  § 1.  There  is 

hereby  granted  to  Charles  Freitag  permission  and  authority  to 
construct  a scale  in  an  alley  on  the  east  side  of  the  real  estate 
owned  by  the  said  Charles  Freitag  and  designated  as  808  En- 
terprise street,  said  alley  extends  from  Enterprise  street  to  Lin- 
coln street,  and  is  between  Eighth  and  Ninth  streets:  Pro- 


SPECIAL  ORDINANCES  OF  CITY. 


796 

aided,  that  said  Freitag  shall  not  weigh,  or  permit  to  be  weighed, 
any  thing  for  any  person  but  himself.  It  being  expressly  in- 
tended that  said  scale  shall  be  for  the  sole  purpose  of  said  Freitag. 

1507.  Liable  for  damages.  ] § 2.  The  said  Charles  Freitag 

shall  be  liable  to  the  city  of  Springfield,  and  to  private  persons, 
for  all  damages  and  injuries  caused  by  or  arising  from  the  use 
or  occupancy  of  said  alley  by  him  for  the  purposes  aforesaid. 

1508.  Bond  to  be  given.]  § 3.  Said  Charles  Freitag  shall, 

within  ten  days  after  the  passage  of  this  ordinance,  give  bond 
in  the  sum  of  $2,000,  with  sufficient  sureties  to  be  approved  by 
the  mayor,  conditioned  for  the  faithful  performance  by  said 
Charles  Freitag  of  the  conditions  contained  in  this  ordinance. 

1509.  When  in  force.]  § 4.  This  ordinance  shall  take 

effect  and  be  in  force  from  and  after  its  passage,  the  execution 
and  approval  of  said  bond  and  the  acceptance  hereof  in  writing 
by  said  Charles  Freitag. 

An  Ordinance  providing  for  the  sale  of  Cottage  street,  the  vacation  thereof  and 
the  purchase  of  other  lots  for  the  extension  of  Mason  street.  [Passed  July  19, 
1897.  Approved  July  20,  1897.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1510.  Exchange  of  property  authorized  for  the  extension 
of  Mason  street.]  § 1.  The  mayor  and  comptroller  are  hereby 
authorized  and  directed  to  execute  and  deliver,  under  the  seal 
of  the  city,  a good  and  sufficient  deed  to  Redick  M.  Ridgely, 
Charles  Ridgely,  and  Wm.  Ridgely,  executors  and  trustees  under 
the  will  of  N.  H.  Ridgely,  deceased,  for  that  tract  of  ground  in 
the  city  of  Springfield,  known  as  Cottage  street,  and  which  lies 
between  14th  and  15th  streets,  in  the  “Cottage  Carden  Addition” 
to  said  city  as  the  same  was  adopted  and  acknowledge  by  3ST.  H. 
Ridgely  and  wife,  proprietors,  June  2,  1856,  in  the  recorder’s 
office  of  Sangamon  county,  Illinois,  in  Book  W.  W.,  page  606, 
upon  the  delivery  to  them  of  a good  and  sufficient  deed,  con- 
veying to  the  city  of  Springfield  lots  sixty-nine  (69)  and  seventy 
(70)  in  Cottage  Garden  Addition  to  said  city,  and  upon  giving 
to  the  city  actual  possession  thereof,  said  property  to  be  used 
by  the  city  for  the  extension  of  Mason  street. 

1511.  Cottage  street  vacated.]  § 2.  Upon  the  receipt  by 
the  city  of  such  deed  from  said  executors  and  trustees  and  the 


STREETS  AND  ALLEYS. 


797 


delivery  of  possession  of  said  lots  to  it,  the  said  Cottage  street 
shall  be,  and  is  hereby  declared  to  be  vacated. 

1512.  When  in  force.]  § 3.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  to  provide  for  opening,  widening  and  extending  Miller  street 

from  the  east  side  .of  Thirteenth  street  to  the  west  side  of  Fifteenth  street. 

[Passed  February  7,  1898.  Approved  February  11,  1898.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1513.  Miller  street  opened,  widened  and  extended.]  § 1. 

That  the  following  local  improvement  be  and  the  same  is  hereby 
ordered  to  be  made  in  said  city  to- wit:  That  Miller  street  in 

said  city  be  opened,  widened,  and  extended  a width  of  eighty 
feet  from  the  east  side  of  Thirteenth  street  to  the  west  side  of 
Fifteenth  street. 

1514.  City  engineer  to  make  survey.]  § 2.  It  shall  be 
the  duty  of  the  city  engineer  on  the  passage  of  this  ordinance, 
to  make  a survey  of  the  land  over  which  proposed  street  will 
pass,  and  prepare  a plat,  showing  the  street  lines,  and  give  to 
the  city  attorney  a description  of  each  tract  of  land  taken  by  the 
improvement,  with  the  names  of  the  owners  so  far  as  he  can 
obtain  them. 

1515.  Improvement  to  be  made  and  cost  paid  by  general 
taxation.]  § 3.  Said  improvement  shall  be  made  and  the 
cost  thereof  paid  by  general  taxation. 

1516.  Committee  to  estimate  cost.]  § 4.  The  following 

named  persons  to-wit : Fitzgerald,  Franks  and  Miller  are  hereby 

appointed  as  a committee  to  make  an  estimate  of  the  cost  of  said 
improvement,  including  labor,  material,  and  all  other  expenses 
attending  same,  including  the  cost  of  making  levying  and  col- 
lecting the  special  assessment  hereinbefore  provided  for,  and  said 
committee  shall  make  such  estimate  and  report  the  same  in 
writing  to  the  city  council  of  said  city  at  its  next  meeting  or  as 
soon  hereafter  as  practicable. 

1517.  Petition  to  be  filed  in  county  court  for  assessment  of 
costs.]  § 5.  Upon  the  filing  of  said  report  and  its  approval 
by  the  city  council,  the  city  attorney  shall  prepare  and  file  a 
petition  in  the  name  of  the  city  of  Springfield,  in  the  county 


SPECIAL  ORDINANCES  OF  CITY. 


798 

court  of  Sangamon  county,  for  proceedings  to  ascertain  the 
amount  of  just  compensation,  to  be  made  for  property  taken  or 
damaged  by  the  proposed  improvement,  and  upon  it  being  ascer- 
tained, it  shall  be  his  duty  to  file  a further  petition  in  said  court 
in  the  name  of  the  city  for  proceedings  to  assess  the  cost  of  the 
improvement,  as  required  by  the  provisions  of  this  ordinance, 
and  in  the  manner  provided  by  law. 

1518.  When  in  force.]  § G.  This  ordindnee  shall  take 

effect  and  be  in  force  from  and  after  its  passage: 

An  Ordinance  to  provide  for  opening,  widening  and  extending  Mason  alley 
from  the  west  side  of  Fifth  street  to  the  east  aide  of  Fourth  street.  [Passed 
February  7,  1898.  Approved  February  11,  1898.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1519.  Opening,  widening  and  extending  Mason  alley.] 

§ 1.  That  the  following  local  improvement  be  and  the  same  is 
hereby  ordered  to  be  made  in  said  city,  to-wit:  That  Mason 

alley  in  said  city  be  opened,  widened,  and  extended  a width  of 
fourteen  feet,  in  addition  to  its  present  width  from  the  west 
side  of  Fifth  street  to  the  east  side  of  Fourth  street,  the  said 
opening,  widening,  and  extending  said  Mason  alley  shall  be  done 
by  widening  it  fourteen  feet  on  the  north  side  of  said  Mason 
alley  from  the  west  side  of  Fifth  street  to  the  east  side  of  Fourth 
street. 

1520.  City  engineer  to  make  survey.]  § 2.  It  shall  be 

the  duty  of  the  city  engineer  upon  the  passage  of  this  ordinance 
to  make  a survey  of  the  land  over  which  the  proposed  alley  will 
pass,  and  prepare  a plat  showing  the  alley  lines,  and  give  to  the 
city  attorney  a description  of  each  tract  of  land  taken  by  the 
improvement,  with  the  names  of  the  owners  so  far  as  he  can  ob- 
tain them. 

1521.  Cost  to  be  paid  by  general  taxation.]  § 3.  Said 

improvement  shall  be  made,  and  the  costs  thereof  paid  by  general 
taxation. 

1522.  Committee  to  make  estimate  of  cost.]  § 4.  The 

following  named  persons,  to-wit:  Phillips,  Sutton  and  Reifler, 

are  hereby  appointed  as  a committee  to  make  an  estimate  of  the 
cost  of  said  improvement,  including  labor  and  all  other  expenses 


STREETS  AND  ALLEYS. 


799 


attending  the  same,  and  said  committee  shall  make  such  esti- 
mate and  report  the  same  in  writing  to  the  city  council  of  the 
said  city,  at  its  next  meeting,  or  as  soon  thereafter  as  practicable. 

1523.  City  attorney  to  file  petition  for  assessment.]  § 5. 

Upon  the  filing  of  said  report  and  its  approval  by  the  city  coun- 
cil, the  city  attorney  shall  prepare  and  file  a petition  in  the 
name  of  the  city  of  Springfield  in  the  county  court  of  Sanga- 
mon county  for  proceedings  to  ascertain  the  amount,  of  just 
compensation  to  be  made  for  property  taken  or  damaged  by  the 
proposed  improvement. 

1524.  When  in  force.]  § 6.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  to  provide  for  widening  Fourth  street  from  the  north  side  of 

North  Grand  avenue  sixteen  feet  to  a point  five  hundred  and  twenty-eight 

feet  nine  inches  north.  [Passed  March  21,  1898.  Approved  March  31,  1898.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1525.  Fourth  street  widened.]  § 1.  That  the  following 
local  improvement  be,  and  the  same  is  hereby  ordered  to  be  made 
in  said  city,  to-wit : That  Fourth  street  in  said  city  be  widened 
sixteen  feet  in  addition  to  its  present  width  from  the  north  side 
of  North  Grand  avenue  and  the  east  side  of  Fourth  street  to  a 
point  528  feet  nine  inches  north.  The  widening  of  said  Fourth 
street  shall  be  done  by  widening  it  sixteen  feet  from  the  north 
side  of  North  Grand  avenue  and  the  east  side  of  Fourth  street 
to  a point  528  feet  nine  inches  north,  the  same  being  known  as 
lot  3^2?  of  the  sub-division  west  southwest  14  of  Section 
22-16-5,  as  shown  by  plat  book  No.  2,  page  160,  in  county 
recorder’s  office. 

1526.  City  engineer  to  make  survey.]  § 2.  It  shall  be 
the  duty  of  the  city  engineer  upon  the  passage  of  this  ordinance 
to  make  a survey  of  the  land  which  will  be  used  for  the  widen- 
ing of  said  street,  and  prepare  a plat  showing  the  street  lines, 
and  give  to  the  city  attorney  a description  of  said  tract  of  land 
taken  by  the  improvement,  with  the  name  of  the  owner  or 
owners. 

1527.  Costs  to  be  paid  by  general  taxation.]  § 3.  Said 
improvement  shall  be  made  and  the  costs  thereof  paid  by  general 
taxation. 


800 


SPECIAL  ORDINANCES  OF  CITY. 


1528.  Committee  to  estimate  cost.]  § 4.  The  following 

named  persons,  to-wit:  Hatch,  Gard  and  Fitzgerald  are  hereby 
appointed  as  committee  to  make  an  estimate  of  the  cost  of  said 
improvement,  including  labor,  and  all  other  expenses  attending 
the  same,  and  said  commitee  shall  make  such  estimate  and  re- 
port the  same  in  writing  to  the  city  council  of  the  city  of  Spring- 
field  at  its  next  meeting,  or  as  soon  thereafter  as  practicable. 

1529.  City  attorney  to  file  petition  for  assessment  of  costs.] 

§ 5.  Upon  the  filing  of  said  report  and  its  approval  by  the  city 
council,  the  city  attorney  shall  prepare  and  file  a petition  in  the 
name  of  the  city  of  Springfield,  in  the  county  court  of  Sangamon 
county,  for  proceedings  to  ascertain  the  amount  of  just  com-, 
pensation  to  be  made  for  property  taken  or  damaged  by  the 
proposed  improvement. 

1530.  When  in  force.]  § 6.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  to  provide  for  opening  and  widening  and  extending  Eleventh 
street  from  the  north  side  of  Lincoln  street  to  the  south  side  of  Division  street, 
except  the  part  already  opened.  [Passed  May  5,  1899.  Approved  May  18,1899.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1531.  Eleventh  street  opened,  widened  and  extended.] 

§ 1.  That  the  following  local  improvement  be  and  the  same  is 
hereby  ordered  to  be  made  in  said  city,  to-wit:  That  Eleventh 
street  in  said  city  be  opened,  widened  and  extended  a width  of 
sixty  feet  from  the  north  side  of  Lincoln  street  to  the  south 
side  of  Division  street  except  that  part  already  opened. 

1532.  City  engineer  to  make  survey.]  § 2.  It  shall  be 

the  duty  of  the  city  engineer,  upon  the  passage  of  this  ordinance, 
to  make  a survey  of  the  land  over  which  the  proposed  street 
will  pass,  and  prepare  a plat  showing  the  street  lines,  and  give 
the  city  attorney  a description  of  each  tract  of  land  taken  by  the 
improvement,  with  the  names  of  the  owners  so  far  as  he  can 
obtain  them. 

1533.  Cost  to  be  paid  by  general  taxation.]  § 3.  Said 

improvement  shall  be  made  and  the  cost  thereof  paid  by  general 
taxation. 


STREETS  AND  ALLEYS. 


801 


1534.  City  attorney  to  file  petition  for  assessment.]  § 4. 

The  city  attorney  shall  prepare  and  file  a petition  in  the  name 
of  the  city  of  Springfield,  in  the  county  court  of  Sangamon 
county,  for  proceedings  to  ascertain  the  amount  of  just  com- 
pensation to  be  made  for  the  property  taken  or  damaged  by  the 
proposed  improvement. 

1535.  When  in  force.]  § 5.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  vacating  the  alley  in  block  one  of  Ninian  Edwards’  Addition  to 
the  city  of  Springfield  from  a point  sixteen  feet  south  of  the  south  line  of  the 
north  half  of  lots  four  and  nine  in  said  block  to  Madison  street.  [Passed  Feb- 
ruary 28,  1901.  Approved  March  2,  1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1536.  Vacation  of  part  of  alley.]  § 1.  That  the  alley 
in  block  one  of  Ninian  Edwards7  addition  to  the  city  of  Spring- 
field,  be  and  the  same  is  hereby  vacated  from  a point  sixteen 
feet  south  of  the  south  line  of  the  nortli  half  of  lots  four  and 
nine  in  said  block  to  Madison  street. 

1537.  Alley  given  in  lieu  thereof  to  be  paved.]  § 2.  That 

the  alley  given  in  lieu  thereof  be  paved  with  brick,  under  the 
direction  and  supervision  of  the  city  engineer,  the  same  to  be 
paid  for  by  the  petitioners. 

1538.  When  in  force.]  § 3.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 

An  Ordinance  vacating  an  alley  and  accepting  the  dedication  of  a new  one. 
[Passed  April  15,  1901.  Approved  April  16,  1901.] 

Whereas,  A.  L.  Ide  & Sons  have  offered  to  dedicate  as  an 
alley  the  north  sixteen  feet  of  the  south  half  of  lot  nine  in  block 
one  in  Ninian  Edwards7  addition,  to  the  city  of  Springfield, 
in  consideration  that  the  city  will  vacate  the  alley  heretofore 
dedicated  over  the  north  sixteen  feet  of  the  south  half  of  lot 
four  in  said  block;  and 

Whereas,  Such  change  is  acceptable  to  the  property  owners 
in  said  block  and  desired  by  them ; now,  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1539.  Vacation  of  alley  and  accepting  dedication  of  a new 
one.]  § 1.  That  the  alley  covering  the  north  sixteen  feet  of 


802 


SPECIAL  ORDINANCES  OF  CITY. 


the  south  half  of  lot  four  in  block  one,  be  and  the  same  is  hereby 
vacated  and  the  north  sixteen  feet  of  the  south  half  of  lot  nine 
in  block  one  in  Ninian  Edwards’  addition  to  the  city  of  Spring- 
field,  be  accepted  by  the  city  as  an  alley  in  lieu  of  the  former 
alley  in  lot  four,  and  that.  A.  L.  Ide  & Sons,  who  have  offered 
to  dedicate  said  alley,  be  required  to  pave  the  same  and  keep  it 
properly  paved. 

1540.  When  in  force.]  § 2.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  granting  to  A.  L.  Ide  & Sons  certain  rights  under  and  across- 

Madison  street.  [Passed  May  20,  1901.  Approved  May  21,  1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1541.  Permit  to  A.  L.  Ide  & Sons  to  connect  their  machine 
shops  with  building  across  Madison  street.]  §1.  That  per- 
mission is  hereby, given  to  A.  L.  Ide  & Sons  to  connect  their 
property,  being  block  6ne  in  Ninian  Edwards’  addition  to  the 
city  of  Springfield,  with  lots  three  and  four  in  block  three  of 
the  original  town  plat,  being  the  old  high  school  property,  pur- 
chased by  them,  in  any  of  the  following  ways : They  may  place 
under  ground  pipes,  wires  or  tunnels  in  and  across  Madison 
street  from  one  side  to  the  other,  and  they  may,  if  necessary 
for  the  purpose  of  conveying  material  across  said  street  for  use 
in  their  business,  erect  across  said  street  any  necessary  steel 
superstructure,  and  they  may  also  lay  a railway  track  across  the 
street,  or  they  may  place  wires  across  said  street  for  convey- 
ing electricity  or  electrical  power.  Any  such  excavations  or 
structures  shall  first  receive  the  approval  of  the  mayor  and  city 
engineer  and  street  and  alley  committee,  and  shall  be  built  sub- 
ject to  their  approval. 

1542.  When  in  force.]  § 2.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  vacating  an  alley.  [Passed  June  17,  1901.  Approved  June  20„ 

1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1543.  Vacation  of  alley.]  § 1.  That  the  15  foot  alley 
extending  east  and  west  across  the  west  part  of  block  one  (1) 
of  A.  M.  Bradford’s  addition  from  the  north  end  of  the  north 


STREETS  AND  ALLEYS. 


803 


and  south  alley  shown  thereon,  to  Westover  Place,  and  being  15 
feet  taken  from  the  south  side  of  lot  12  of  said  block  one  (1), 
as  shown  on  the  plat  of  said  addition  where  the  same  is  re- 
corded in  the  recorder’s  office  of  Sangamon  county,  Illinois, 
“Book  2”  of  plats,  page  192,  be  and  the  same  is  hereby  vacated 
and  all  title  of  the  city  thereto'  reverted  to,  and  reinvested  in 
Adeline  M.  Bradford. 

1544.  Acceptance  of  strip  of  land  in  lieu  of  alley  vacated.] 

§ 2.  Be  it  further  ordained  that  the  deed  to  the  north  15  feet 
of  said  lot  12,  book  one  (1)  tendered  by  the  said  A.  M.  Brad- 
ford to  the  city  for  an  alley  in  lieu  of  said  alley  vacated,  be  ac- 
cepted by  the  city  and  ordered  placed  on  record  at  her  expense. 

An  Ordinance  vacating  an  alley.  [Passed  July  1,  190L  Approved  July  3,1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1545.  Vacation  of  alley.]  § 1.  That  the  sixteen  foot 
alley  extending  east  and  west  through  block  18,  original  town  of 
Springfield,  and  passing  in  rear  of  lots  7,  58,  59,  60  and  61  of 
E.  Ties’  outlots,  being  the  alley  in  the  block  of  ground  between 
First  and  Second  streets  and  Monroe  and  Adams  streets,  be  and 
the  same  is  hereby  vacated  and  all  title  of  the  city  to  be  trans- 
ferred to  the  State  of  Illinois. 

1546.  When  in  force.]  § 2.  This  ordinance  to  take  effect 
when  the  said  block  is  presented  to  the  State  of  Illinois,  for 
Arsenal  building. 


An  Ordinance  for  opening,  widening  and  extending  an  alley  from  the  north 
side  of  Adams'  College  Addition  to  the  south  side  of  Division  street.  [Passed 
August  5,  1901.  Approved  August  7,  1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1547.  Opening,  widening  and  extending  alley.]  § 1.  That 

the  following  local  improvement  be  and  the  same  is  hereby 
ordered  to  be  made  in  said  city,  to-wit : That  an  alley  in  said 

city  be  opened,  widened  and  extended  a width  of  sixteen  feet 
from  the  north  side  of  Adams,  College  addition  to  the  south 
side  of  Division  street. 

1548.  City  engineer  to  make  survey.]  § 2.  It  shall  be 
the  duty  of  the  city  engineer  upon  the  passage  of  this  ordinance 
to  make  a survey  of  the  land  over  which  proposed  street  will 


804 


SPECIAL  ORDINANCES  OF  CITY. 


pass  and  prepare  a plat  showing  the  street  lines,  and  give  to 
the  city  attorney  a description  of  each  tract  of  land  taken  by 
the  improvement  with  the  names  of  the  owners  so  far  as  he  can 
obtain  them. 

1549.  Cost  to  be  paid  by  general  taxation.]  g 3.  Said 

improvement  shall  be  made  and  the  cost  thereof  paid  by  gen- 
eral taxation. 

1550.  Committee  to  make  estimate  of  cost.]  § 4.  The 

following  named  persons,  to-wit : Aldermen  Goodwin,  Silva  and 
Hoelzel,  are  hereby  appointed  as  a committee  to  make  an  esti- 
mate of  the  cost  of  said  improvement,  including  labor,  material 
and  all  other  expenses  attending  the  same,  and  said  committee 
shall  make  such  estimate  and  report  the  same  in  writing  to 
the  city  council  of  the  city  of  Springfield  at  its  next  meeting, 
or  as  soon  hereafter  as  practicable. 

1551a.  City  attorney  to  file  petition  for  assessment.]  § 5. 

Upon  the  filing  of  said  report,  and  its  approval  by  the  city  coun- 
cil, the  city  attorney  shall  prepare  and  file  a petition  in  the 
name  of  the  city  of  Springfield,  in  the  county  court  of  Sanga- 
mon county,  for  proceedings  to  ascertain  the  amount  of  just 
compensation  to  he  made  for  property  taken  or  damaged  by  the 
proposed  improvement. 

1551b.  When  in  force.]  § 6.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  to  provide  for  opening,  widening  and  extending  Cedar  street, 
from  west  side  of  Pasfield  street  to  east  side  of  country  road,  160  feet  west  of 
Pasfield  street.  [Passed  January  20,  1902.  Approved  January  21,  1902.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1552a.  Opening,  widening  and  extending  Cedar  street.] 

§ 1.  That  the  following  local  improvement  be  and  the  same 
is  hereby  ordered  to  be  made  in  said  city,  to-wit:  That  Cedar 

street  in  said  city  be  opened,  widened  and  extended  a width  of 
sixty  feet  from  the  west  side  of  Pasfield  street  to  the  east  side 
of  the  country  road,  about  one  hundred  and  sixty  feet  west  of 
Pasfield  street. 

1552b.  City  engineer  to  make  survey.]  § 2.  It  shall  be 

the  duty  of  the  city  engineer,  upon  the  passage  of  this  ordinance, 


STREETS  AND  ALLEYS. 


805 


to  make  a survey  of  the  land  over  which  proposed  street  will 
pass,  and  prepare  a plat  showing  the  street  lines,  and  give  to 
the  city  attorney  a description  of  each  tract  of  land  taken  by 
the  improvement,  with  the  names  of  the  owners  so  far  as  he  can 
obtain  them. 

1552c.  Cost  to  be  paid  by  special  assessment.]  § 3.  Said 
improvement  shall  be  made  and  the  cost  thereof  paid  by  special 
assessment  of  the  property  and  real  estate  specially  benefited, 
and  to  the  extent  that  it  may  -be  legally  assessed,  and  the  re- 
mainder of  the  cost,  if  any,  to  be  paid  by  general  taxation;  and 
to  pay  the  cost  of  said  improvement  and  the  cost  of  levying, 
assessing  and  collecting  the  special  assessment  a special  assess- 
ment is  hereby  ordered  to  be  levied,  assessed  and  collected  upon 
and  from  the  property  specially  benefited  by  the  improvement 
and  in  proportion  as  it  is  specially  benefited,  to  the  extent  that 
it  may  be  legally  assessed. 

1552d.  Committee  to  make  estimate  of  cost.]  § 4.  The 

following  named  persons,  to-wit : Aldermen  Ansell,  Neuman  and 
McGrue,  are  hereby  appointed  as  a committee  to  make  an  esti- 
mate of  the  cost  of  said  improvement,  including  labor,  material 
and  all  other  expenses  attending  the  same,  including  the  cost 
of  making,  levying  and  collecting  the  special  assessment  here- 
inbefore provided  for,  and  said  committee  shall  make  such  esti- 
mate and  report  the  same  in  writing  to  the  city  council  of  said 
city  at  its  next  meeting,  or  as  soon  hereof  as  practicable. 

1552e.  City  attorney  to  file  petition  in  county  court.] 

§ 6.  Upon  the  filing  of  said  report  and  its  approval  by  the 
city  council,  the  city  attorney  shall  prepare  and  file  a petition, 
in  the  name  of  the  city  of  Springfield,  in  the  county  court  of 
Sangamon  county,  for  proceedings  to  ascertain  the  amount  of 
just  compensation  to  be  made  for  property  taken  or  damaged 
by  the  proposed  improvement,  and  upon  it  being  ascertained, 
it  shall  be  his  duty  to  file  a further  petition  in  said  court,  in 
the  name  of  the  city,  for  proceedings  to  assess  the  cost  of  the 
improvement  as  required  by  the  provisions  of  this  ordinance 
in  the  manner  provided  by  law. 

1552f.  When  in  force.]  § 7.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


■80  6 


SPECIAL  ORDINANCES  OF  CITY. 


An  Ordinance  prantinj?  to  Michael  Zwicky,  and  others,  permission  to  erect 

and  maintain  a soap  manufactory  in  the  city  of  Springfield.  [Approved  Jan- 
uary 21,  1891.] 

Whereas,  Michael  Zwicky,  George  Zwicky  and  Casper  Zwicky, 
owners  of  lots  8,  9 and  10  in  block  six  in  Mason’s  addition  to 
the  city  of  Springfield,  are  desirous  of  establishing  a soap  manu- 
factory on  said  lots:  And,  whereas,  they  represent  that  no 

■ tainted  lard,  tallow,  offal,  or  other  unwholesome  animal  or  vege- 
table substances,  offensive  or  unwholesome,  are  to  be  used  by 
them  in  or  about  their  place  of  business;  now,  therefore, 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1553.  Permit  to  erect  and  maintain  a soap  factory.]  § 1. 

That  permission  is  hereby  given  to  Michael  Zwicky,  George 
Zwicky  and  Casper  Zwicky,  to  erect  and  maintain  upon  lots  8, 
9 and  10,  in  block  six  of  Mason’s  addition  to  the  city  of  Spring- 
field,  a soap  manufactory,  upon  the  conditions  hereafter  recited 
in  this  ordinance. 

1554.  Restrictions.]  § 2.  The  said  parties,  to  whom  per- 
mission is  given  to  erect  and  operate  said  factory,  shall  do  no 
rendering  of  any  character  in  or  about  said  premises,  neither 
shall  they  have  about  said  premises  any  tainted  offensive  or  un- 
wholesome material  of  any  kind  or  character;  neither  shall  they 
permit  any  material  which  they  may  bring  upon  the  premises 
to  become  spoiled,  offensive  or  unwholesome,  or  in  any  manner 
operate  their  works  so  that  any  stench  or  smell  shall  arise  there- 
from offensive  to  any  one  about  or  near  to  the  premises. 

1555.  Steaming  tallow,  etc.]  § 3.  All  steaming  of  tallow 
shall  be  done  in  the  top  story  of  the  works,  not  less  than  three 
stories  from  the  ground,  and  the  smokestack  or  chimney  used  in 
connection  with  the  works  shall  be  built  above  the  top  of  the 
building  to  a sufficient  height  to  discharge  all  smoke  and  gases 
above  and  beyond  all  surrounding  buildings. 

1556.  Permit  may  be  revoked  upon  any  breach  of  condi- 
tions.] § 4.  Before  this  ordinance  shall  be  deemed  to  be  in 
full  force  and  effect,  it  shall  be  approved  by  the  mayor,  and 
a written  acceptance  of  its  provisions  made  by  the  said  parties 
to  whom  permission  is  given  to  maintain  and  operate  the  works, 
and  the  provisions  of  this  ordinance  as  to  the  management  of 
the  works  and  as  to  preventing  amdhing  in  the  nature  of  a 


TERRITORY  DISCONNECTED. 


807. 


nuisance  shall  be  binding  upon  the  grantees  herein,  their  heirs 
and  assigns;  and  upon  a breach  of  any  of  the  conditions  of  this 
ordinance  the  permission  hereby  given  may  be  revoked  by  the 
city  council,  and  the  operation  of  the  works  stopped. 

1557.  Subject  to  all  ordinances.]  § 5.  The  above  per- 
mission is  given  subject  to  the  ordinances  of  the  city  of  Spring- 
field  in  relation  to  the  creating  and  maintaining  of  nuisances 
and  subject  to  such  other  ordinances  as  the  city  counoil  may  pass 
upon  the  subject;  and  this  ordinance  shall  not  be  held  as  a re- 
peal of  any  portion  of  the  ordinances  of  the  city. 

1558.  When  in  force.]  § 6.  This  ordinance  shall  take' 
effect  and  be  in  force  from  and  after  its  passage  and  approval, 
by  the  mayor,  and  acceptance  by  the  grantees. 


Acceptance. 


Whereas,  a certain  ordinance  entitled  “An  ordinance  granting  to  Michael 
Zwicky,  and  others,  permission  to  erect  and  maintain  a soap  manufactory  in  the 
city  of  Springfield,  ” was  passed  and  adopted  by  the  city  council  of  the  city  of 
Springfield,  in  the  State  of  Illinois,  on  the  16th  day  of  January,  1891;  and  was  ap- 
proved by  the  Hon.  Chas.  E.  Hay,  mayor  of  said  city  of  Springfield. 

Now,  therefore,  we,  the  undersigned,  Michael  Zwicky,  George  Zwicky  and 
Casper  Zwicky,  of  Madison,  Wisconsin,  do  hereby  accept  the  said  ordinance  and 
all  its  provisions;  and  further  declare  that  this  acceptance  is  made  in  pursuance  of 
and  in  accordance  with  the  requirements  of  said  ordinance,  relating  to  our  accept- 
ance thereof. 


M.  Zwicky, 

Geo.  Zwicky, 
Casper  Zwicky. 

In  presence  of  Herman  Pfund. 

STATE  OF  WISCONSIN,  ) 

Dane  County.  ] 

Personally  came  before  me  this  26th  day  of  January,  1891,  the  above  named. 
Michael  Zwicky,  George  Zwicky  and  Casper  Zwicky,  to  me  known  to  be  the  per- 
sons who  executed  the  foregoing  instrument,  and  acknowledged  the  same. 

[seal.]  Herman  Pfund, 

Notary  Public,  Dane  County,  Wisconsin. 


t 

TERRITORY  DISCONNECTED. 


An  Ordinance  providing  for  disconnecting  from  the  city  of  Springfield  certain 
territory  embraced  within  the  limits  of  the  city  of  Springfield.  [Passed  July 
18,  1898.  Approved  July  19,  1898.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1559.  Territory  disconnected.]  § 1.  That  all  that  tract 
of  land  in  the  city  of  Springfield,  bounded  as  follows:  Be- 

ginning at  the  point  of  intersection  of  the  center  line  of  Laurel 


808 


SPECIAL  ORDINANCES  OF  CITY. 


street  with  the  west  boundary  line  of  section  four  (4),  town- 
ship fifteen  (15)  north,  range*  five  (5)  west  of  the  third  (3rd) 
p.  m.  (said  section  line  being  the  western  boundary  line  of 
said  city  of  Springfield)  running  thence  east  along  the  center 
line  of  Laurel  street  forty-nine  (49)  and  thirty-four  one  hun- 
dredths chains,  thence  south  to  the  quarter  section  line  run- 
ning east  and  west  through  the  center  of  said  section  (4)  (said 
line  being  the  south  boundary  of  said  city  of  Springfield  to 
a point  on  said  quarter  section  line  nine  (9)  and  ninety-eight 
(98)  one  hundredths  chains  east  of  the  center  line  of  said  sec- 
tion four,  thence  west  along  said  quarter  section  line  running 
east  and  west  through  section  four  (4),  the  same  being  the 
southern  boundary  line  of  said  city  of  Springfield,  to  a point 
of  intersection  of  said  quarter  section  line  with  the  western 
boundary  line  of  said  section  four  (4),  said  western  boundary 
line  being  the  west  boundary  line  of  said  city  of  Springfield, 
thence  north  along  said  western  boundary  line  of  said  section 
four  (4)  to  its  intersection  with  the  center  line  of  Laurel  street, 
the  place  of  beginning;  be < and  the  same  is  hereby  disconnected 
from  the  city  of  Springfield,  and  all  jurisdiction  of  the  city 
of  Springfield  over  the  same,  as  a part  of  the  city,  is  hereby 
released : Provided , however , that  said  territory  is  not  ex- 

empted from  taxation  for  the  purpose  of  paying  the  indebt- 
uess,  if  any,  contracted  by  the  corporate  authorities  of  the  city 
of  Springfield,  while  such  territory  was  within  the  limits  thereof. 

1560.  When  in  force.]  § 2.  All  the  perquisites,  provided 
for  by  statute,  having  been  fully  complied  with,  it  is  further 
ordained  that  this  ordinance  take  effect  and  be  in  force  from  and 
after  its  passage. 


TELEGRAPHS  AND  TELEPHONES. 

An  Ordinance  granting  permission  to  the  Central  Union  Telephone  Company 
to  erect  and  maintain  a system  of  telephones,  or  a Telephone  Exchange. 
[Passed  December  3,  1883.  Approved  December  4,  1883. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield , 
Illinois : 

1561.  Telephone  company  granted  right  of  way  through 
streets,  etc.— conditions  of  grant.]  § 1.  That  the  Central 


TELEGRAPHS  AND  TELEPHONES. 


801) 


Union  Telephone  Company,  and  its  successors  and  assigns,  be 
and  they  are  hereby  granted  the  right  of  way  through,  in  and 
upon  the  streets,  sidewalks,  alleys  and  public  grounds  of  the 
city  of  Springfield,  in  the  county  of  Sangamon,  and  State  of 
Illinois,  for  the  purpose  of  therein  and  thereon  to  erect,  main- 
tain and  use  all  the  necessary  poles,  or  posts  of  wood,  iron 
or  other  suitable  material,  and  the  necessary  wires  and  fix- 
tures successfully  to  operate  and  use  a system  of  telephones, 
or  a Telephone  Exchange,  within  said  city : Provided,  that  the 

said  Central  Union  Telephone  Company,  and  its  successors  and 
assigns,  shall  maintain  and  use  (under  proper  and  reasonable 
restrictions  and  rules), 'an  office  and  operator  on  its  lines  of 
telephone  wires  at  some  . convenient  point  within  said  cit}r  of 
Springfield,  and  shall  so  set  said  poles  or  posts,  and  place  or 
hang  the  wires,  thereon  in  such  places  and  manner,  as  not  to 
intei^ere  with  travel  or  business  on  said  streets,  sidewalks, 
alleys  and  public  grounds  aforesaid,  and  shall  put  and  keep  in 
good  order  all  those  parts  of  the  same  interfered  with  or  used 
in  the  erection  and  maintenance  of  said  poles  or  posts. 

1562.  How  poles  to  be  set — under  whose  direction.]  § 2. 

Said  telephone  poles  shall  be  so  set  or  placed  as  not  to  inter- 
fere with  the  free  flow  of  water  in  any  gutter  or  drain  within 
said  city;  and  the  location  of  the  poles  shall  be  determined  under 
the  direction  of  the  mayor,  and  the  committee  on  streets  and 
alleys,  of  the  city  council. 

1563.  Rights  reserved  by  the  city  council.]  § 3.  The 

said  city  council  hereby  reserves  the  right  of  way  through,  in 
or  upon  said  streets,  sidewalks,  alleys  and  public  grounds,  for 
the  erection,  maintenance  and  use  of  the  necessary  posts  or  poles 
and  wires  of  any  other  telephone  company  or  corporation,  when- 
ever so  requested,  if  said  council  shall  deem  proper  so  to  do; 
and  the  rights  and  privileges  herein  granted  to  the  Central 
Union  Telephone  Company  shall  be  subject  to  all  general  ordi- 
nances of  said  city  now  in  force,  or  which  may  hereafter  be 
passed  and  in  force,  not  inconsistent  with  the  laws  of  this  State, 
in  relation  to  telegraphs  or  telephones. 

1564.  Duty  of  council  to  pass  ordinances  for  protection  of 
posts  and  wires.]  § 4.  It  shall  be  the  duty  of  said  city  coun- 


810 


SPECIAL  ORDINANCES  OF  CITY. 


cil,  from  time  to  time,  to  enact  such  ordinances  as  may  become 
necessary  for  the  protection  of  telephone  posts,  wires  and  fixtures 
against  abuse  and  injury. 

1565.  City  to  have  telephones  at  one-half  regular  rates  of 
company — fire  alarm.]  § 5.  In  consideration  of  the  rights 
and  privileges  herein  and  hereby  granted  to  the  Central  Union 
Telephone  Company,  the  city  of  Springfield  shall  have  from 
said  company,  its  successors  and  assigns,  during  the  entire  term 
of  this  ordinance,  as  many  telephones  with  exchange  service 
as  said  city  may  require  for  its  use,  to  be  placed  and  kept  at 
such  points  within  or  without  the  corporate  limits,  as  the  city 
council  may  designate,  at  one-half  the  regular  business  rates 
of  said  company,  and  said  company  shall  maintain,  operate  and 
perfect  said  telephone  exchange  system,  including  the  care  and 
operating  or  ringing  of  a fire-alarm  bell,  to  be  located  by  the 
city  council  in  the  dome  of  the  county  court  house  or  other 
suitable  place,  as  a fire-alarm  system,  without  any  cost  to  the 
city. 

1566.  Ordinance  in  nature  of  a contract — when  to  take 
effect.]  § 6.  This  ordinance  is  to  be  deemed  in  the  nature 
of  a contract,  and  shall  take  effect  and  be  in  force  only  upon 
the  filing,  within  twenty  days  after  its  passage,  in  the  office  of 
the  city  clerk  of  said  cit}r,  by  said  Central  Union  Telephone 
Company,  its  successors  or  assigns,  of  its  'unconditional  ac- 
ceptance of  the  terms  thereof,  which  acceptance  shall  be  in  writ- 
ing, and  be  reported  by  the  clerk  to  the  city  council,  and  en- 
tered in  full  upon  the  journal  thereof;  and  this  ordinance  shall 
continue  in  force  for  the  period  of  twenty  years,  subject  to  the 
conditions  aforesaid. 

Acceptance  of  foregoing  ordinance. 

Central  Union  Telephone  Company, 

District  Superintendent’s  Office, 

Springfield.  III.,  Dec.  15th,  1883. 

To  the  Mayor  and  City  Council,  Springfield,  Illinois: 

Gentlemen— In  compliance  with  the  provisions  of  Section  6 of  “An  ordi- 
nancegranting to  the  Central  Union  Telephone  Company  permission  to  erect 
and  maintain  a system  of  telephones,  or  a Telephone  Exchange,  ” passed  at  your 
meeting  Dec.  3d,  1883,  I have  been  authorized  by  the  Executive  Committee  to 
transmit  you,  by  this  communication,  the  acceptance  by  the  Central  Union  Tele- 


TELEGRAPHS  AND  TELEPHONES. 


811 


phone  Company,  its  successors  or  assigns,  of  the  said  ordinance,  and  all  its  pro- 
visions, as  passed  by  said  council. 

Respectfully,  etc., 

R.  B.  Hoover,  Supt. 

For  the  Central  Union  Telephone  Co. 

Filed  Dec.  17,  1883. 

An  Ordinance  granting  permission  to  Andrew  Schuchman,  Robert  B.  Hoover 
and  Frank  W.  Wellman  to  erect  and  maintain  a system  of  fire  and  burglar 
alarm  and  district  messenger  service.  [Passed  February  6,  1888.  Approved 
February  11,  1888. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1567.  Permit  to  erect  and  maintain  fire  and  burglar  alarm, 

etc.]  § 1.  That  Andrew  Schuchman,  Robert  B.  Hoover  and 
Frank  W.  Wellman,  their  successsors  or  assigns,  are  hereby 
granted  the  right  of  way  in  and  upon  the  streets,  alleys,  side- 
walks and  public  grounds  of  the  city  of  Springfield,  in  the 
county  of  Sangamon  and  State  of  Illinois,  for  the  purpose  of 
therein  and  thereon  to  erect,  maintain  and  use  all  the  necessary 
poles  or  posts  of  wood,  iron  or  other  suitable . material,  and  the 
necessary  wires  and  fixtures  to  operate  a system  of  fire  and 
burglar  alarm  and  district  messenger  service:  Provided , that 

said  Schuchman,  Hoover  and  Wellman  shall  so  set  such  poles 
and  posts,  and  hang  the  wires  thereon,  in  such  places  and  man- 
ner as  not  to  interfere  with  travel  or  business  on  said  streets, 
alleys,  sidewalks  or  public  grounds,  etc.,  aforesaid,  and  shall 
replace  in  good  order  all  parts  of  the  same  interfered  with  or 
used  in  the  erection  or  maintenance  of  said  poles  or  posts.  The 
mayor  and  fire  marshal  shall  have  supervision  of  the.  location 
of  the  wires  and  remove  any  improperly  put  up. 

1568.  Provisions  in  regard  to  poles.]  § 2.  Said  poles  or 
posts  shall  be  so  set  or  placed  as  not  to  interfere  with  the  free 
flow  of  water  in  any  gutter  or  drain  within  said  city,  and  the 
wires  are  to  be  so  placed  as  not  to  interfere  with  the  telephone, 
telegraph  or  electric  light  systems  authorized  to  operate  within 
said  city.  The  location  of  said  poles  or  posts  shall  be  determined 
under  the  direction  of  the  mayor  and  the  committee  on  streets 
and  alleys  of  said  council. 

1569.  Grant  subject  to  all  ordinances.]  § 3.  The  rights 
and  privileges  herein  granted  to  the  said  Schuchman,  Hoover 
and  Wellman  shall  be  subject  to  all  general  ordinances  of  said 


812 


SPECIAL  ORDINANCES  OF  CITY. 


city  now  in  force,  or  which  may  hereafter  be  passed  and  in  force,, 
not  inconsistent  with  the  laws  of  this  State. 

1570.  City  to  protect  poles,  etc.]  § 4.  It  shall  be  the 

duty  of  said  city  council  from  time  to  time  to  enact  such  ordi- 
nances as  may  become  necessary  for  the  protection  of  said  poles, 
posts  or  wires  from  abuse  or  injury. 

1571.  City  may  use  poles  for  fire  alarm  wires.]  § 5.  In 

consideration  of  the  rights  and  privileges  herein  granted  to 
the  said  Schuchman,  Hoover  and  Wellman,  the  city  of  Spring- 
field  shall  have  the  right  to  place  its  fire  alarm  wires  on  the 
poles  erected  by  them,  said  wires  not  to  interfere  with  the  sys- 
tem of  said  Schuchman,  Hoover  and  Wellman,  and  the  said  city 
is  to  have  the  further  free  use  of  the  said  system  to  protect  the 
city  hall  or  other  public  buildings  against  fire  or  burglars. 


An  Ordinance  granting  permission  to  the  Postal  Telegraph  Company  to  con- 
struct and  maintain  a line  of  telegraph  along  West  Grand  avenue  and  parts  of 
certain  streets  and  alleys  therein  named.  [Approved  February  7,  1884.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1572.  Permit  to  construct  and  maintain  a line  of  telegraph.] 

§ 1.  That  the  permission,  authority  and  consent  of  the  city 
is  hereby  given  and  granted  to  the  Postal  Telegraph  Company,, 
its  successors  or  assigns,  to  construct  and  maintain  a line  of 
telegraph  in,  upon  and  along  the  following  named  avenue  and 
parts  of  streets  and  alleys  within  said  city,  to-wit:  Beginning 

at  the  northern  terminus  of  West  Grand  avenue  and  running 
south  along  the  west  line  of  said  avenue  to  the  city  limits,  also 
on  Washington  street  along  the  north  side,  thereof,  from  the 
west  line  of  West  Grand  avenue  to  the  east  line  of  Lewis  street, 
thence  east  on  the  south  side  of  Washington  street  to  the  east 
line  of  First  street,  thence  south  on  the  east  line  of  First  street 
to  the  line  of  the  alley  between  Washington  and  Adams  streets,, 
and  thence  east,  on  said  alley,  from  Second  street  to  Fifth  street.. 

1573.  Conditions.]  § 2.  The  permission  and  authority 
aforesaid  is  given  and  granted  to  said  Postal  Telegraph  Com- 
pany subject  to  all  general  ordinances  of  the  city  now  in  force, 
or  which  may  hereafter  be  passed  and  in  force  in  relation  to- 
telegraphs,  not  inconsistent  with  the  laws  of  the  State,  and  sub^ 
ject  also  to  the  following  conditions:. 


TELEGRAPHS  AND  TELEPHONES. 


813 


First — That  said  company  shall  so  set  its  telegraph  poles  or 
posts,  and  place  or  suspend  the  wires  thereon,  in  such  places 
and  manner  as  not  to  interfere  with  travel  or  traffic  on  said 
avenue,  streets  or  alley,  and  shall  put  up  and  keep  in  good  order 
all  those  parts  of  the  same  interfered  with  or  used  in  the  erec- 
tion and  maintenance  of  said  poles  or  posts. 

Second — That  the  points  of  location  of  the  poles  or  posts 
shall  be  determined  under  the  direction  and  supervision  of  the 
mayor  and  committee  on  streets  and  alleys  of  the  city  council, 
and  that  the  same  shall  be  so  set  or  placed  as  not  to  interfere 
with  the  free  flow  of  water  in  any  gutter  or  drain  adjoining  or 
near  thereto. 

Third — That  said  company  shall  be  liable  to  the  owners  of 
private  property  for  any  and  all  injuries  or  damages  resulting 
thereto  from  the  erection  and  use  of  its  telegraph  line  upon, 
over  or  along  the  said  avenue,  streets  or  alley. 

Fourth — That  said  Postal  Telegraph  Company,  its  successors 
or  assigns,  shall  establish  and  maintain  an  office  and  operator 
or  operators  at  some  convenient  point  within  the  city  of  Spring- 
field  for  the  purpose  of  affording  telegraph  facilities  to  the  pub- 
lic ; that  it  shall  do  the  official  telegraphing  of.  the  city  free  of 
charge,  and  shall  furnish  pole  room  for  city  fire  alarm  wires,  if 
required. 

1574.  City  may  grant  use  of  street,  etc.,  to  any  other  com- 
pany.] § 3.  The  city  council  hereby  reserves  the  right  (if 
they  should  see  proper  to  exercise  it)  to  grant  the  use  of  the 
said  avenue  and  streets  to  any  other  telegraph  company  or  cor- 
poration for  the  purpose  of  erecting  and  maintaining  thereon 
a line  of  telegraph. 

1575.  Company  may  he  required  to  place  its  wires  under- 
ground.] § 4.  It  is  further  ordained  (provided)  that,  in  the 
event  of  a system  of  underground  telegraph  being  adopted  in 
any  of  the  cities  of  this  State,  that  the  Postal  Telegraph  Com- 
pany, may,  at  any  time,  be  required  to  place  their  wires  running 
through  this  city  under  ground,  in  such  manner  and  to  such  a 
depth  as  the  city  council  may  direct. 

1576.  This  ordinance  to  be  accepted  within  twenty  days.] 

§ 5.  This  ordinance  shall  be  considered  in  the  nature  of  a 


814 


SPECIAL  ORDINANCES  OF  CITY. 


contract  and  shall  take  effect  only  upon  its  unqualified  accept- 
ance by  said  Postal  Telegraph  Company,  which  acceptance  shall 
be  in  writing,  duly  signed,  and  be  filed  with  the  city  clerk,  or 
communicated  to  the  city  council,  within  twenty  days  from 
its  passage  and  be  entered  upon  the  journal  of  the  council;  and 
this  ordinance  shall  be  and  remain  in  force  twenty  years  from 
its  passage  and  acceptance,  subject  to  the  conditions  aforesaid. 

Acceptance. 

Springfield,  111,  February  14,  1884. 

To  the  Mayor  and  City  Council  of  the  City  of  Springfield : 

Gentlemen— In  compliance  with  the  provisions  of  Section  5 of  an  ordinance 
granting  the  Postal  Telegraph  Company  permission  to  construct  and  maintain 
aline  of  telegraph  on  and  along  certain  streets  and  alleys  in  said  city,  passed  at 
your  meeting  Feb.  6,  1884,  the  Postal  Telegraph  Company  accepts  said  ordinance 
and  all  its  provisions  as  passed  by  your  Council. 

Respectfully  yours, 

C.  M.  Baker, 

Supt.  for  the  Postal  Telegraph  Company. 

Ax  Ordinance  in  relation  to  police,  fire  alarm  and  district  messenger  service. 

[Passed  March  6,  1893.  Approved  March  31,  1893.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1577.  Permit  to  use  streets  and  alleys  for  the  erection  of 
* poles,  etc.,  for  operating  fire  and  burglar  alarm,  etc.]  § 1. 

There  is  hereby  granted  to  William  L.  Gross,  Edgar  L.  Gross 
and  Frank  Hoblitt,  and  such  other  persons  as  may  hereafter  be- 
come associated  with  them,  to  be  known  as  the  Springfield  Dis- 
trict Telegraph  Company  or  other  appropriate  name,  and  their 
heirs,  representatives,  successors  and  assigns,  the  right,  privilege 
nnd  authority  to  use  and  occupy  the  streets,  alleys  and  public 
ways  and  places  of  said  city  of  Springfield,  for  the  purpose  of 
erecting  and  maintaining  therein  all  necessary  and  suitable 
poles  and  other  supports  and  wires  for  conducting  electrical 
currents  thereon,  for  the  operation  and  maintenance  of  a sys- 
tem of  police  and  fire  alarm  and  district  messenger  service  within 
said  city : Provided , that  all  such  poles,  supports  and  wires,  shall 
be  erected  and  maintained  under  the  supervision  of  the  proper 
officers  of  the  city. 

1578.  Company  liable  for  all  damage.]  § 2.  The  said 

persons  and  all  others  succeeding  them  in  the  rights  and  privi- 
leges hereby  granted,  shall  be  liable  to  the  city  of  Springfield 


TELEG11APHS  AND  TELEPHONES. 


815 


and  to  private  persons,  for  all  damages  and  injuries  caused  or 
arising  from  the  use  of  said  strceets,  alleys  and  sidewalks  by 
them  in  said  city  of  Springfield  for  the  purpose  aforesaid. 

1579.  Grant  subject  to  all  ordinances.]  § 3.  The  said 
persons  and  all  others  succeeding  them  in  the  exercise  of  the 
rights  and  privileges  hereby  granted,  shall  within  twelve  months 
after  the  passage  and  approval  of  this  ordinance,  establish  and 
thereafter  maintain  in  the  city  of  Springfield,  a system  of  police 
and  fire  alarm  and  district  messenger  service  through  the  agency 
of  electrical  and  mechanical  appliances,  metalic  conductors,  bat- 
teries, agents  and  messengers,  whereby  the  residents  of  said  city 
of  Springfield,  patrons  thereof,  may  give  timely  notice  of  all 
demands  for  police  and  fire  service  to  the  proper  depart- 
ments of  said  city,  and  in  addition  thereto,  may  at  all  times 
from  a central  depot  for  that  purpose  to  be  established  and 
maintained,  secure  the  prompt  attendance  of  messengers  for  im- 
mediate messenger  service  to  any  part  of  the  city  of  Springfield, 
otherwise  the  privileges  hereby  granted  shall  be  forfeited  to 
said  city  of  Springfield,  and  provided  further,  that  said  company 
shall,  before  exercising  the  rights  and  privileges  hereby  granted 
and  within  fifteen  days  after  the  passage  of  -and  approval  of  this 
ordinance,  signify  in  writing,  filed  with  the  clerk  of  said  city, 
their  formal  acceptance  thereof. 

1580.  Penalty  for  damages  to  poles  and  wires,  etc.]  § 4. 

Any  person  other  than  an  officer  or.  employe  of  the  said  city  of 
Springfield  in  the  discharge  of  an  official  duty,  who  shall  wil- 
fully break,  injure  or  remove,  or  cause  to  be  broken,  injured  or 
removed  any  of  the  poles,  wires,  instruments  or  appliances  de- 
signed and  used  for  the  purpose  expressed  in  the  preceding 
section,  or  who  shall  wilfully  or  intentionally  obstruct  or  other- 
wise wrongfully  interfere  with  any  messenger  engaged  in  mes- 
senger service  as  contemplated  in  this  ordinance,  shall  be  deemed 
guilty  of  a misdemeanor  and  on  conviction  thereof,  for  every 
offense,  be  fined  in  any  sum  not  exceeding  two  hundred  dollars. 

1581.  Ordinance  to  be  in  force  twenty  years.]  § 5.  This 
ordinance  shall  be  and  continue  in  force  for  twenty  years  from 
and  after  its  passage  and  approval. 


.SPECIAL  ORDINANCES  OF  CITY 


81G 


Acceptance. 


Springfield,  III.,  March  9th,  1893. 

To  the  Honorable  Mayor  and  City  Connell  of  the  City  of  Springfield : 

Gentlemen— We  hereby  accept  the  ordinance  passed  March  6th,  1893,  grant- 
ing to  us  the  right  of  way  for  the  construction  in  said  city  of  an  electrical  system 
of  police,  lire  alarm  and  district  messenger  service. 

Respectfully, 

William  L.  Gross, 
Edgar  L.  Gross, 
Frank  Hoblitt. 


An  Ordinance  granting  to  Hon.  John  McCreery,  Wilson  C.  Garrard,  Warren 
D.  Stryker  and  Benjamin  H.  Brainerd  the  right  to  construct  and  maintain  a 
telephone  system  in  the  city  of  Springfield.  [Passed  October  21,  1895.  Ap- 
proved October  22,  1895.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1582.  Permit  to  establish  and  maintain  ,a  telephone  system.] 

§ 1.  That  John  McCreery,  Wilson  C.  Garrard,  Warren  D. 
Stryker  and  Benjamin  H.  Brainerd,  their  successors  or  assigns, 
are  hereby  granted  the  right  of  way,  for  the  period  of  fifteen 
'years,  through,  in,  over  and  upon  the  streets,  sidewalks,  alleys 
and  public  grounds  of  the  city  of  Springfield  for  the  purpose 
of  erecting,  using  and  maintaining  all  necessary  poles  of  wood, 
iron  or  suitable  material,  and  all  necessary  wires,  fixtures  and 
other  appliances  required  to  construct,  operate  and  maintain 
a telephone  system  within  the  said  city. 

1583.  Provisions  in  regard  to  poles  and  wires.]  § 2. 

Said  poles,  wires,  fixtures  and  other  appliances  shall  be  so  set, 
placed  and  located  that  they  will  not  interfere  with  travel  or 
business  on  said  streets,  sidewalks,  alleys  and  public  grounds; 
and  such  parts  thereof  as  said  parties,  their  successors  or  as- 
signs, shall  use  for  such  purposes  shall  be  by  them  put  and  main- 
tained in  good  order. 

1584.  Poles  to  be  in  alleys  as  far  as  possible.]  § 3.  All 

said  poles  and  appliances  shall  be  so  located  and  set  as  not  to  in- 
terfere with  the  free  flow  of  water  in  any  gutter  or  drain,  and 
the  location  of  said  poles  shall  be  in  the  alleys  of  said  city,  so 
far  as  possible;  otherwise  the  location  thereof  shall  be  deter- 
mined under  the  direction  of  the  committee  on  streets  and  alleys 
of  the  council. 


TELEGRAPHS  AND  TELEPHONES. 


817 


1585.  City  to  protect  poles  and  wires,  etc.]  § 4.  It  shall 
be  the  duty  of  the  city  council  from  time  to  time  to  pass  such 
ordinances  as  may  be  necessary  for  the  protection  of  said  tele- 
phone poles,  wires  and  fixtures  and  other  appliances,  against 
abuse,  misuse  or  injury. 

1586.  To  commence  business  within  one  year.]  § 5.  The 

said  parties,  their  successors  or  Assigns,  shall  have  said  tele- 
phone system  and  exchange  in  good  working  order  and  ready 
for  business,  within  one  year  from  the  passage  of  this  ordinance.. 

1587.  Rental.]  § 6.  The  granting  of  this  franchise  is 
upon  the  express  condition  that  the  said  parties,  their  succes- 
sors or  assigns,  shall  lease  said  telephones  and  their  use  of  the 
exchange  at  a rental  of  not  to  exceed  two  and  one-half  dollars 
per  month  for  telephones  in  business  houses  and  two  dollars  per 
month  for  telephones  in  residences  within  said  city. 

1588.  To  supply  city  at  half  rate.]  § 7.  In  consideration 
of  the  rights  and  privileges  herein  granted  the  said  parties 
for  themselves,  their  successors  or  assigns,  agree  to  furnish  in 
said  city  to  the  several  departments  thereof,  during  the  period 
of  fifteen  years,  as  many  telephones  with  exchange  service,  as 
said  city  may  require  for  its  use  in  its  several  departments,  to 
be  put  and  maintained  at  such  places  as  the  city  council  may 
designate,  at  one-half  the  regular  rates  above  provided  for. 

1589.  City  to  have  right  to  use  poles.]  § 8.  The  city 
shall  have  the  right,  so  far  as  the  same  shall  not  interfere  with 
the  other  uses  of  said  poles,  to  use  the  same  to  support  the  wires 
used  by  it  in  connection  with  its  fire  department. 

1590.  Grant  subject  to  all  ordinances.]  § 9.  All  the 

rights  herein  granted  shall  be  subject  to  all  legal  general  ordi- 
nances of  said  city  now  in  force,  or  which  may  hereafter  be  passed 
not  inconsistent  with  the  laws  of  the  State  of  Illinois  in  relation 
to  telephone  companies. 

1591.  When  in  force.]  § 10.  This  ordinance  shall  take- 
effect  and  be  in  force  from  and  after  its  passage  and  the  ac- 
ceptance thereof  in  writing  by  said  company. 


818 


SPECIAL  ORDINANCES  OF  CITY 


Acceptance. 


Springfield,  III.,  October  22d,  1895. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield: 

Gentlemen— The  undersigned  hereby  accept  the  ordinance  passed  by  your 
honorable  body  October  21,  1895,  granting  us  the  right  to  erect  and  maintain  a 
telephone  system  and  exchange  in  said  city,  with  all  its  conditions  and  provisions. 

Very  truly  yours, 

John  McCreery, 

Warren  D.  Stryker, 
Wilson  C.  Garrard, 
Benjamin  H.  Brainerd. 


An  Ordinance  granting  permission  to  the  American  Telephone  and  Telegraph 
Company  of  Illinois,  its  successors  and  assigns,  the  right,  privileges  and  au- 
thority to  construct,  operate  and  maintain  lines  of  telephone  and  telegraph 
upon,  along  and  under  the  highways  of  the  city  of  Springfield,  Illinois. 
[Passed  July  6,  1896.  Approved  July  7,  1896.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield, 
County  of  Sangamon,  State  of  Illinois: 

1592.  Permit  to  establish  and  maintain  lines.]  § 1.  That 

the  American  Telephone  and  Telegraph  Company  of  Illinois, 
its  successors  and  assigns,  be,  and  the  same  is  hereby  granted 
the  right,  privilege  and  authority  to  construct,  operate  and 
maintain  its  lines  of  telephone  and  telegraph  upon,  along  and 
under  the  highways  of  the  city  of  Springfield,  upon  the  terms 
and  conditions  herein  provided. 

1593.  Provisions  in  regard  to  poles.]  § 2.  All  poles  shall 
be  erected  under  the  direction  and  supervision  of  the  committee 
on  streets  and  alleys,  and  all  streets  or  sidewalks  that  may  be 
disturbed  or  damaged  in  the  construction  of  the  said  line  shall 
be  properly  replaced  and  repaired  by  the  said  company  at  its 
own  expense  and  to  the  satisfaction  of  the  said  committee  on 
streets  and  alleys. 

1594.  Wires  under  ground.]  § 3.  Should  a general  ordi- 
nance hereafter  be  passed  by  the  city  council  requiring  all  wire 
using  companies  in  the  city  to  place  their  wires  under  ground, 
then  the  said  company  shall  also  place  its  wires  under  ground, 
permission  for  which  and  to  construct  and  maintain  under 
ground,  ground  conduits  and  ducts  in  the  streets  and  alleys  is 
hereby  given,  such  conduits  and  ducts  to  be  placed  and  con- 
structed under  the  direction  of  the  city  engineer  Or  such  other 
proper  authority  as  the  city  may  direct. 


TELEGRAPHS  AND  TELEPHONES. 


819 


1595.  To  pay  city  fifty  cents  per  annum  for  each  pole.] 

§ 4.  In  consideration  of  the  rights  and  privileges  herein 
granted  the  said  company  hereby  agrees  to  pay  to  said  city  the 
sum  of  fifty  cents  per  annum  as  an  inspection  fee  for  each  pole 
erected  under  the  provisions  of  this  ordinance  and  a proportional 
part  of  said  sum  per  annum  for  each  other  pole  used  by  said 
company  in  said  city. 

1596.  To  give  city  use  of  poles.]  § 5.  In  consideration 
of  the  rights  and  privileges  herein  granted,  said  company  shall 
provide  free  of  cost  to  said  city  one  ten  pin  cross  arm  to  be  at- 
tached to  the  top  of  all  poles  erected  under  this  ordinance  for  * 
the  police  and  fire  alarm  system  of  said  city. 

1597.  City  reserves  the  right  to  grant  like  consent  to  other 
companies.]  § 6.  The  said  common  council  of  the  said  city 
of  Springfield  hereby  reserves  the  right  to  grant  a like  consent  to 
any  other  telephone  or  telegraph  company  for  like  purposes. 

1598.  When  in  force.]  § 7.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

An  Ordinance  granting  the  right  to  construct  and  maintain  a telephone  and 
telegraph  system  in  the  city  of  Springfield,  county  of  Sangamon,  State  of  Illi- 
nois. [Passed  June  19,  1899.  Approved  June  22,  1899.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1599.  Permit  to  erect  and  maintain  system.]  § 1.  There 
is  hereby  granted  to  Thos.  W.  Wilson  and  S.  M.  Eogers  and 
such  other  persons  as  may  hereafter  become  associated  with 
them  to  be  known  as  the  Springfield  Mutual  Telephone  and 
Telegraph  Company,  or  other  appropriate  name,  and  to  their 
successors  and  representatives,  heirs  and  assigns^  the  right  to 
construct  and  operate  a telephone  and  telegraph  system  within 
the  city  of  Springfield,  Illinois,  and  they  are  hereby  granted  the 
right  of  way  under,  over  and  upon  the  streets,  sidewalks  and 
alleys  and  public  grounds  of  the  city  of  Springfield  for  the  pur- 
pose of  erecting  and  underlying,  using  and  maintaining  all 
necessary  poles  of  wood,  iron  or  other  suitable  material  and  all 
necessary  wires,  fixtures  and  other  appliances  required  to  con- 
struct, operate  and  maintain  a telephone  and  telegraph  system 
within  said  city  of  Springfield,  Illinois. 


820 


SPECIAL  ORDINANCES  OF  CITY. 


1600.  Provisions  as  to  poles  and  wires.]  § 2.  All  poles, 

wires  and  other  appliances  shall  be  so  placed  and  located  that 
they  will  not  interfere  with  travel  or  business  on  said  street, 
sidewalks,  or  alleys,  or  public  grounds,  nor  shall  they  be  located 
so  as  to  interfere  with  the  flow  of  water  in  any  gutter  or  drain 
and  such  poles,  wires  and  other  appliances  as  are  used  by  and 
in  the  operation  of  the  system  shall  be  by  them  put  in  good  order 
and  at  all  times  maintained  as  such. 

1601.  Service  free  to  city.]  § 3.  In  consideration  of  the 
rights  and  privileges  granted  to  the  said  parties  and  all  others 
succeeding  them,  they  hereby  agree  to  furnish  to  the  city  officials 
in  the  city  hall,  also  to  the  police  and  fire  departments,  free 
telephone  service. 

1602.  City  to  have  right  to  use  poles.]  § 4.  The  city 

shall  have  the  right  so  far  as  the  same  shall  not  interfere  with 
the  other  uses  of  said  poles,  to  use  the  same  to  support  the 
wires  used  by  it  in  connection  with  the  police  and  fire  alarm 
system,  and  all  the  rights  herein  granted  shall  be  subject  to  all 
general  ordinances  of  said  city  now  in  force. 

1603.  Damages  to  poles  and  wires — penalty.]  § 5.  Any 

person  other  than  an  officer  of  the  city  of  Springfield,  in  the 
discharge  of  an  official  duty,  who  shall  willfully  break,  injure 
or  remove  or  cause  to  be  broken,  injured  or  removed,  any  of 
the  poles,  wires,  instruments  or  appliances  designed  and  used 
for  the  purposes  expressd  in  any  of  the  preceding  sections,  or 
who  shall  willfully  obstruct  or  otherwise  wrongly  interfere  with 
the  services  as  contemplated  in  this  ordinance,  shall  be  deemed 
guilty  of  misdemeanor,  and  on  conviction  thereof  for  every 
offense,  be  fined  in  any  sum  not  exceeding  two  hundred  dollars. 

1604.  Construction  to  begin  within  one  year.]  § 6.  This 

ordinance  shall  become  null  and  void  if  it  shall  not  be  accepted 
in  writing  and  the  construction  of  the  said  telephone  and  tele- 
graph system  be  begun  within  one  year  from  the  date  of  its 
passage. 

1605.  When  in  force.]  § 7.  This  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage  and  acceptance 
in  writing. 


TELEGRAPHS  AND  TELEPHONES. 


821 


Acceptance. 


Springfield,  III.,  June22d,  1899. 

To  the  Honorable  Mayor  and  City  Council  of  the  City  of  Springfield : 

Gentlemen— We  hereby  accept  the  ordinance  passed  June  19,  1899,  granting 
to  us  the  right  to  construct  and  maintain  a telephone  and  telegraph  system  in 
said  city. 

Respectfully, 

Thos.  W.  Wilson, 
Simon  M.  Rogers. 


An  Ordinance  granting  the  Illinois  District  Telegraph  Company  the  right  to 
erect  and  maintain  its  poles  and  lines  in  the  streets,  alleys  and  public  high- 
ways of  the  city  of  Springfield,  Illinois,  on  the  terms  and  conditions  herein- 
after set  forth.  [Passed  June  5,  1899.  Approved  June  8,  1899.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1606.  Permit  to  erect  and  maintain  system.]  § 1.  That 

the  Illinois  District  Telegraph  Compaq,  its  successors  and 
assigns,  he  and  are  hereby  granted  the  right  to  erect  and  main- 
tain in  the  streets,  alleys,  and  public  ways,  of  the  said  city  of 
Springfield  the  poles  and  wires  necessary  for  the  successful  opera- 
tion and  maintenance  of  a district  telegraph  and  other  electrical 
service  in  connection  therewith. 

1607.  Provisions  in  regard  to  poles — to  protect  city  from 
damages.]  § 2.  The  location  of  all  poles  and  lines  and  an;y 
change  thereof  shall  be  under  the  direction  and  control  of  the 
proper  city  official  of  the  said  city  of  Springfield,  subject  to  the 
usual  police  restrictions  and  with  a further  understanding  that 
the  poles  and  wires  shall  be  placed  and  set  in  such  manner  as 
not  to  interfere  with  the  proper  and  public  use  of  said  streets, 
alleys  and  public  ways,  and  the  said  Illinois  District  Telegraph 
Company  shall  hold  said  city  of  Springfield,  free  and  harmless 
of  all  damages  arising  by  reason  of  any  abuse  of  said  occupancy. 

1608.  To  pay  city  five  per  cent  of  gross  earnings.]  § 3. 

In  consideration  of  the  privileges  hereby  granted,  the  said  Illi- 
nois District  Telegraph  Company  shall  pay  to  the  city  of  Spring- 
field  five  per  cent,  of  the  gross  earnings  as  taken  from  the  books 
of  this  company  in  this  city  and  agrees  to  the  “White  amend- 
ment,” to  allow  the  said  city  of  Springfield,  to  attach  its  fire 
alarm  and  police  signal  wires  to  the  top  cross  arm  of  its  poles 
within  the  corporate  limits  of  the  said  city  of  Springfield; 
Provided , however , that  all  such  attachments  shall  be  made  and 
maintained  under  the  direction  of  the  police  representative  of 


822  SPECIAL  ORDINANCES  OF  CITY. 

the  said  Illinois  District  Company.  The  said  city  of  Spring- 
field,  shall  also  have  the  privilege  of  the  free  use  of  the  poles  of 
the  said  Illinois  District  Telegraph  Company,  for  the  attachment 
thereto  of  its  police  and  fire  alarm  boxes.  The  said  city  of 
Springfield,  shall  also  have  the  free  use  of  all  signal  boxes  of  the 
said  Illinois  District  Telegraph  Company  where  the  same  are 
provided  with  fire  or  police  calls,  and  the  said  District  Company, 
hereby  agrees  to  erect  at  its  own  expense  a private  telephone  line 
from  its  principal  office  to  the  nearest  fire  alarm  and  police  sta- 
tion in  the  said  city  of  Springfield,  and  to  promptly  transmit 
to  said  station  any  and  all  fire  and  police  signals  received  over 
its  wires. 

1609.  City  retains  right  to  cut  wires  in  case  of  fire.]  § 4. 

The  said  city  of  Springfield,  retains  the  right  which  is  hereby 
assented  to  by  the  Illinois  District  Telegraph  Company  to  cut 
its  wires  in  case  of  fire  where  they  interfere  with  the  operation 
of  the  fire  department  and  the  said  city  of  Springfield  shall  in 
such  case  be  in  no  manner  liable  for  the  expense  of  repairs  or 
renewals,  such  repairs  or  renewals  to  be  made  entirely  at  the  ex- 
pense of  the  said  Illinois  District  Telegraph  Company. 

1610.  When  in  force.]  § 5.  This  ordinance  shall  take 
effect  on  and  after  its  passage,  and  the  filing  by  the  Illinois  Dis- 
trict Telegraph  Company,  of  its  conditional  acceptance  thereof, 
in  the  office  of  the  city  clerk  of  the  said  city  of  Springfield. 


An  Ordinance  granting  to  persons  therein  named,  their  successors  and  as- 
signs, the  right  to  construct,  maintain  and  operate  a system  of  telephones 
under  and  upon  the  streets,  alleys  and  public  grounds  in  the  city  of  Spring- 
field,  Illinois.  [Passed  December  9,  1901.  Approved  December  9,  1901.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1611.  Permit  to  construct  and  maintain  system.]  § 1* 

That  the  right  be  and  the  same  is  hereby  granted  to  H.  H. 
Evans,  F.  W.  Tracy,  M.  Slusser,  J.  C.  Klaholt,  and  E.  R.  Conk- 
lin, hereinafter  called  the  grantees,  their  successors  and  assigns, 
under  the  terms  of  this  ordinance,  to  construct,  maintain  and 
operate  a telephone  system,  under,  in,  upon  and  through  the 
streets,  lanes,  highways  and  alleys  and  public  grounds  of  the 
city  of  Springfield,  by  and  through  underground  pipes,  con- 
duits, cables,  wires  and  other  fixtures  and  aerial  poles,  posts. 


TELEGRAPHS  AND  TELEPHONES. 


823 


cables,  wires,  and  other  modern  fixtures  designed  for  that  pur- 
pose. 

1612.  Poles  and  conduits  within  fire  limits  to  be  approved 
by  city  council.]  § 2.  Before  proceeding  with  said  work,  said 
grantees,  their  successors  or  assigns,  shall  present  to  the  city 
council  a map  or  plat  showing  where  they  desire  and  where  they 
intend  to  lay  a conduit  or  erect  any  poles,  within  the  present 
fire  limits  of  the  city  of  Springfield,  which  shall  be  approved 
by  the  city  council  in  accordance  with  this  ordinance. 

1613.  Construction  to  be  commenced  within  nine  months.] 

§ 3.  Said  grantees  shall  commence  the  construction  of  said 
system  of  telephones,  within  nine  months  after  the  passage  of 
this  ordinance,  and  shall  have  the  same  in  operation  within 
two  years  thereafter,  but  before  any  work  is  done  they  shall 
file  with  the  city  council  a bond  in  the  sum  of  ten  thousand 
dollars,  payable  to  the  city  of  Springfield,  with  surety  to  be 
approved  by  said  city  council,  and  conditioned  that  the  gran- 
tees will  pay  for  the  period  of  two  years  or  until  said  system  is 
in  operation,  to  the  city  of  Springfield,  all  damages  or  judg- 
ments, charges,  or  expenses  that  may  accrue  to  the  city  of  Spring- 
field  by  reason  of  the  tearing  up  of  the  pavements  or  streets, 
and  by  reason  of  the  failure  of  the  grantees  to  properly  replace 
the  same,  and  to  indemnify  the  city  against  any  loss,  injury  or 
damage  caused  it  through  suits  or  other  causes  resulting  from 
the  acts  of  the  -grantees. 

1614.  Provisions  in  regard  to  wires.]  § 4.  All  other 

wires,  except  the  drop  wires,  from  the  distributing  poles  to  the 
subscriber’s  phones,  shall  within  the  fire  limits  above  mentioned 
be  placed  in  underground  conduits,  which  shall  be  laid  under 
the  supervision  and  direction  of  the  city  engineer  and  street 
and  alley  committee.  The  grantees,  their  successors  or  assigns, 
shall  furnish  to  said  city  free  of  charge,  one  duet  in  each  con- 
duit, constructed  within  said  fire  limits  for  the  purpose  of  carry- 
ing the  wires  of  the  police  and  fire  departments  in  the  city  of 
Springfield,  and  outside  of  said  fire  limits,  shall  also  furnish 
one  duct  in  each  conduct  where  underground  wires  may  be  laid, 
and  space  on  the  cross  arms  of  poles  outside  of  said  fire  limits 
for  the  necessary  wires  for  the  fire  and  police  departments. 


SPECIAL  ORDINANCES  OF  CITY. 


821 


1615.  Service  to  city.]  § 5.  In  consideration  of  the  rights 
herein  granted  said  grantees,  their  successors  or  assigns,  agree 
that  they  will  place  and  maintain  one  telephone  of  the  latest 
improved  type  properly  connected  with  their  exchange  in  each 
of  the  offices  in  the  city  hall,  in  each  of  the  fire  engine  houses  in 
the  city,  in  each  of  the  school  houses  in  the  city,  at  the  police 
department,  and  all  the  other  public  offices  of  the  city,  in- 
cluding the  pumping  station  at  the  water  works  and  the  reser- 
voir. In  case  any  additional  phones  are  desired  by  the  city,  they 
shall  be  placed  where  desired  and  operated  and  maintained  at 
50  per  cent  discount  from  the  regular  rates  from  time  to  time 
charged  by  said  grantees. 

1616.  To  protect  city  from  claims  for  damages.]  § 6. 

The  grantees,  their  successors  and  assigns,  shall  save  and  keep 
harmless  the  city  of  Springfield,  from  any  and  all  claims  for 
damages  of  any  kind  or  character  arising  from  their  operations 
under  this  ordinance. 

1617.  Grantees  to  make  deposit  in  city  treasury  as  guaran- 
tee of  good  faith.]  § 7.  The  grantees  herein,  upon  the  ac- 
ceptance of  this  ordinance,  shall  be  required  to  deposit  in  the  city 
treasury  of  the  city  of  Springfield,  the  sum  of  two  thousand 
dollars  as  a guarantee'  of  good  faith  and  that  work  under  this 
ordinance  will  be  commenced  and  carried  on  as  provided  for  in 
this  ordinance,  and  in  case  of  a failure  to  comply  with  the  terms 
hereof  as  to  beginning  and  carrying  on  the  work,  said  sum  of 
money  shall  be  forfeited  to  the  city  when  such  forfeiture  shall 
be  declared  by  vote  of  the  city  council. 

1618.  Privileges  of  this  ordinance  not  to  be  transferred.] 

§ 8.  The  grantees  herein,  their  successors  and  assigns,  shall 
not  in  any  shape  or  form,  sell  or  attempt  to  sell,  or  transfer  the 
privileges  contained  in  this  ordinance  to  any  person  or  persons, 
company  or  corporation  which  may  now  or  at  any  future  time 
be  engaged  in  the  telephone  business  of  the  city  of  Springfield, 
or  make  any  transfer  of  the  same  for  the  purpose  of  destroying 
competition  or  not  having  a telephone  system  built  as  provided 
by  this  ordinance;  and  in  case  of  such  action  by  the  grantees, 
their  successors  or  assigns,  the  privileges  herein  granted  shall 
become  null  and  void  and  they  shall  be  revoked  at  the  option 


TELEGRAPHS  AND  TELEPHONES. 


82,5 


of  the  city  council,  of  the  city  of  Springfield.  If  the  grantees, 
their  successors  or  assigns,  shall  enter  into  any  combination 
for  the  purpose  of  defeating  competition  in  the  city  of  Spring- 
field,  the  privileges  herein  granted  shall  be  revoked  at  the  option 
of  the  city  council  of  said  city. 

1619.  Rates  for  service.]  § 9.  The  maximum  rates  for 

telephone  service  within  said  city,  to  be  charged  by  said  grantees, 
their  successors  or  assigns,  shall  not  exceed  the  following  charges 
per  annum : For  long  distance,  single  service,  full  copper 

metallic  circuit,  telephone  in  business  houses,  forty  dollars  per 
annum  and  for  the  same  class  of  telephones  in  residences,  twenty- 
four  dollars  per  annum. 

1620.  Grant  subject  to  all  regulations  by  city.]  § 10. 

The  right  of  said  grantees,  their  successors  and  assigns,  under 
this  ordinance  are  to  be  held  subject  to  all  the  police  regula- 
tions that  may  be  legally  adopted  by  the  said  city  of  Spring- 
field,  and  the  city  council  piay  make  such  regulations  as  are 
proper  as  to  the  character  of  the  poles,  and  wires  to  be  used, 
their  location  and  the  manner  in  which  they  shall  be  painted 
and  cared  for.  The  grantees  shall  furnish  a satisfactory  service 
and  in  the  event  of  their  failure  so  to  do,  their  franchise  shall 
become  null  and  void. 

1621.  Ordinance  to  be  in  force  twenty  years.]  § 11.  This 

ordinance  shall  take  effect  from  and  after  its  passage  and  be 
in  force  for  a period  of  twenty  years  thereafter,  and  the  grantees 
shall  make  acceptance  of  the  same  in  writing  by  filing  it  with 
the  city  clerk  within  ten  days  from  the  date  of  its  approval  by 
the  mayor  and  unless  such  acceptance  is  made  all  rights  under 
this  ordinance  shall  be  deemed  to  have  been  waived. 


28 


SPECIAL  ORDINANCES  OF  CITY. 


826 


Acceptance . 

Springfield,  III.,  Dec.  19,  1901. 

Honorable  Mayor  and  City  Council : 

Gentlemen— The  undersigned,  to  whom  you  granted  the  franchise  for  the 
Telephone  Company,  on  the  9th  inst.,  respectfully  advise  that  we  accept  the 
same,  and  will  at  once  file  the  necessary  bond  and  certified  check  and  will  pro- 
ceed to  construction  as  soon  as  the  weather  permits. 

Yours  very  truly, 

H.  H.  Evans, 

E.  R.  Conklin, 

J.  C.  Klaholt, 

M.  Slusser, 

Frank  W.  Tracy, 

By  Frank  W.  Tracy,  Atty.  in  fact. 

The  First  National  Bank,  ? 

United  States  Depository.) 

Springfield,  III.,  Dec.  23d,  1901. 

Hon.  J.  L.  Phillips,  City: 

My  Dear  Sir— In  accordance  with  section  seven  of  the  Telephone  ordinance 
passed  by  the  city  council,  I enclose  certificate  of  deposit  for  two  thousand 
($2000.00)  dollars,  payable  according  to  terms  of  said  section,  which  I trust  will  be 
satisfactory. 

Yours  truly, 

Frank  W.  Tracy. 

Certificate  above  referred  to  deposited  with  City  Treasurer  Tuesday,  Decem- 
ber 24th,  1901. 


TOWX  BRANCH. 

An  Ordinance  relative  to  the  Town  Branch.  [Passed  October  29,  1855.] 

4 > . 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield : 

1622..  Channel  of  Branch  established  through  Bullock’s 
addition.]  § 1.  That  the  town  branch  through  Bullock’s 
addition  to  the  city,  commencing  at  the  north  line  of  Adams 
street  and  ending  at  the  south  line  of  Washington  street  is 
hereby  established,  as  follows,  to- wit:  Beginning  in  the  center 

of  the  channel  of  said  branch,  at  a point  eleven  feet  south,  eighty- 
eight  degrees  east,  from  the  southwest  corner  of  lot  number 
twenty-six  of  said  addition,  and  running  thence  in  a straight 
line  to  a point  eleven  feet  north,  eighty-eight  degrees  west,  from 
the  northeast  corner  of  lot  number  twenty-seven  in  said  addi- 
tion, as  shown  by  the  plat  of  the  same,  recorded  in  the  office  of 
the  recorder  of  Sangamon  county. 

1623.  Engineer  to  enter  plat  of  in  record  of  city  grades.] 

§ 2.  The  city  engineer  and  surveyor  is  hereby  directed  to  enter 


WASTE  PAPER  DEPOSITS. 


827 


a copy  of  the  plat  of  said  branch,  as  the  same  is  herein  estab- 
lished, upon  the  “city  record  of  grades’’  in  his  office. 


WASTE  PAPER  DEPOSITS. 


An  Ordinance  authorizing  and  empowering  P.  F.  Murphy,  his  successors  or 
assigns,  to  locate,  erect  and  maintain  on  street  corners  and  street  and  alley 
corners,  in  the  city  of  Springfield  receptacles  for  the  deposit  of  waste  paper 
usually  cast  upon  the  streets.  [Passed  January  9,  1900.  Approved ] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Springfield: 

1624.  Permit  to  place  receptacles  on  street  corners.]  § 1. 

P.  F.  Murphy,  his  successors  or  assigns,  are  hereby  authorized 
and  empowered  to  locate,  erect  and  maintain  for  a term  of 
fifteen  years  on  such  street  corners  and  street  and  alley  corners 
in  the  said  city  of  Springfield,  as  he  or  they  may  deem  neces- 
sary, suitable  receptacles  for  the  deposit  therein  of  such  waste 
paper  as  is  usually  cast  upon  the  streets.  Said  receptacles  shall 
be  neatly  constructed  of  galvanized  or  sheet  iron  and  the  plac- 
ing of  the  same  shall  be  commenced  within  ninety  days  after 
the  passage  of  this  ordinance.  , 

1625.  Grantee  to  cause  receptacles  to  be  emptied  when 
filled.]  § 2.  Said  P.  F.  Murphy,  his  successors  or  assigns, 
shall  empty  or  cause  to  be  emptied  the  said  receptacles  when 
they  become  filled  with  such  waste  paper,  and  shall  keep  and 
maintain  said  receptacles  in  a reasonable  good  condition. 

1626.  Grantee  to  retain  possession  of  boxes,  and  to  have 
the  paper  collected.]  § 3.  Said  receptacles  are  to  be  and 
remain  the  property  of  the  said  P.  F.  Murphy,  his  successors 
or  assigns,  and  the  said  P.  F.  Murphy,  his  successors  or  assigns, 
are  to  have  for  their  use  all  the  waste  paper  which  may  be  de- 
posited in  said  receptacles  and  also  to  have  the  right  to  place 
advertisements  on  the  said  receptacles. 

1627.  Boxes  to  be  placed  under  supervision  of  chief  of 
police.]  § 4.  The  placing  of  said  boxes  and  the  condition 
of  the  same  shall  be  under  the  supervision  of  the  chief  of  police. 

1628.  When  in  force.]  § 5.  This  ordinance  shall  be  in 
force  from  and  after  its  passage. 


STATl’TKS  RELATING  TO  CITY. 


82!S 


The  Water-Works  Charter  and  Amendments. 

AN  ACT  to  incorporate  the  Springfield  Water- Works  Company.  [Approved 

February  21,  1861.— Private  laws  of  1861,  page  285.) 

1629.  Corporation  created — general  powers.]  § 1.  Be  it 

enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly,  That  John  Williams,  R.  F.  Ruth,  and  C. 
W.  Matheny,  be  and  arc  hereby  named  and  constituted  as  a 
board  of  water  commissioners  for  the  city  of  Springfield,  who, 
and  their  successors  in  office,  shall  be  a body  politic  and  cor- 
porate, by  the  name  and  style  of  the  Board  of  Water  Commis- 
sioners of  the  City  of  Springfield,  and  by  that  name  shall  have 
perpetual  succession,  with  power  to  contract,  sue  and  be  sued, 
to  purchase,  hold  and  convey  personal  and  real  estate,  to  have 
a common  seal,  to  alter  and  change  the  same  at  pleasure,  to 
make  by-laws,  and  do  all  legal  acts  which  may  be  necessary  and 
proper  to  carry  out  the  intent,  and  effect  the  objects  of  this  act. 

1630.  Election — term  of  office — manner  of  filling  vacancy.] 

§ 2.  The  said  commissioners  shall  hold  their  offices,  respec- 
tively, for  the  term  of  three,  four  and  five  years;  said  commis- 
sioners shall,  within  sixty  days  after  the  passage  of  this  act, 
decide  by  lot  their  respective  terms;  which  decision  the  city 
council  shall  be  notified  of  by  a written  statement,  which  shall 
be  entered  of  record  on  the  journals  of  said  city  council ; and  on 
the  first  Tuesday  of  April,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-four,  and  on  the  first  Tuesday  in  April,* 
annually  thereafter,  there  shall  be  an  election  held  by  the  quali- 
fied voters  of  said  city,  in  the  same  manner,  and  at  the  same 
hours  and  places,  that  elections  are  held  for  the  election  of 
mayor,  for  the  election  of  one  or  more  commissioners,  to  fill 
vacancies  occasioned  by  the  termination,  in  any  manner,  of  the 
term  of  any  commissioner  under  this  act.  . The  said  commis- 
sioners named  in  this  act,  and  in  case  of  the  death  or  resigna- 
tion of  any  of  said  named  .commissioners,  those  appointed  and 
confirmed  by  the  city  council  to  fill  such  vacancy,  shall  hold 
their  offices  until  the  election  and  qualification  of  their  succes- 
sors. And  all  commissioners  elected  subsequent  to  the  first 


^See  post  1st  amendment  to  the  above  act. 


WATER-WORKS  CHARTER  AND  AMENDMENTS. 


829 


election  aforesaid,  shall  hold  their  office  for  the  term  of  three 
years.  And  in  case  of  the  death  or  resignation  of  any  of  said 
commissioners,  the  remaining  commissioners  shall  nominate 
some  citizen  of  said  city,  being  a qualified  voter,  to  fill  such 
vacancy;  and  shall  present  such  citizen  to  the  city  council  of 
said  city  for  confirmation;  who,  if  confirmed  by  said  city  coun- 
cil, shall  have  full  power  to  act  as  such  commissioner;  but,  if 
the  said  city  council  shall  refuse  to  confirm  such  nomination, 
said  commissioners  shall  nominate  another,  and  so  on,  until 
such  confirmation  shall  be  made;  such  person,  when  confirmed, 
shall  fill  such  vacancy  until  the  next  regular  election  of  com- 
missioners to  be  held  after  such  confirmation. 

1631.  Commissioners  to  divide  duties — council  to  fix  salary.] 

§ 3.  The  said  commissioners  may  make  such  division  of  duties 
among  themselves,  for  each  year  of  their  term,  as  they  shall 
deem  expedient;  and  shall  report  in  writing  to  the  city  council, 
the  nature  and  extent  of  the  duties  assigned  to  each  commis- 
sioner, which  report  shall  be  made  on  the  first  Monday  of  May, 
in  each  year;  and  the  council  shall  fix  the  salary  to  be  paid  to 
each  commissioner,  for  the  performance  of  the  duties  so  specially 
assigned  to  him. 

1632.  Commissioners  to  supply  city  with  water.]  § 4.  It 

shall  be  the  duty  of  said  commissioners  to  consider  all  matters 
relative  to  supplying  the  city  of  Springfield  with  a sufficient 
quantity  of  water,  to  be  taken  and  conducted  from  the  Sanga- 
mon river ; said  commissioners  to  use  all  reasonable  means  to 
furnish  the  water  from  said  river  in  as  pure  and  wholesome  a 
state  as  possible. 

1633.  Power  to  employ  engineers,  etc.]  § 5.  The  said 
commissioners  shall  have  power,  and  it  is  made  their  duty,  to 
employ  engineers,  surveyors,  and  such  persons  as,  in  their 
opinion,  may  be  necessary  to  enable  them  to  perform  their  duties 
under  this  act. 

1634.  To  purchase  land — construct  buildings,  etc.]  § 6. 

Said  commissioners  shall  have  the  power,  and  it  is  hereby  made 
their  duty,  as  fast  as  the  necessary  funds  shall  be  provided,  to 
purchase  such  lot  or  lots  of  land,  and  to  construct  such  buildings, 
machinery  and  fixtures,  as  shall  be  deemed  necessary  or  desirable. 


830  STATUTES  RELATING  TO  CITY. 

to  furnish  a full  supply  of  water  for  public  and  private  use  in 
said  city. 

1635.  Power  to  build  dam  at  river — right  of  way — reser- 
voirs— pipes,  hydrants,  and  fountains  in  city.]  § 7.  Said 

commissioners  shall  have  power  to  build  a dam  across  the  Sanga- 
mon river,  at  such  point  as  they  shall  deem  most  convenient 
and  desirable,  and  to  make  all  necessary  excavations,  and  to 
erect  all  necessary  buildings,  at  the  said  river,  on  such  lot  or  lots 
of  land  as  they  may  purchase  for  that  purpose,  and  to  procure 
the  right  of  way  from  such  point  as  they  shall  agree  upon  at 
said  river,  across  all  lands  between  the  same  and  such  lot  or  lots 
of  land  as  they  shall  fix  upon  at  the  city  of  Springfield,  for  the 
laying  down  of  all  necessary  pipes;  and  to  construct  reservoirs, 
jets,  and  public  and  private  hydrants,  and  to  lay  pipes  in  and 
through  all  the  alleys  and  streets  of  said  city;  and  also  to  con- 
struct fountains  in  the  public  grounds  of  said  city,  as  they  shall 
deem  proper,  with  the  consent  of  the  city  council. 

1636.  Borrowing  money — issuing  bonds.]  § 8.  The  said 
commissioners  shall  have  power  to  borrow,  from  time  to  time, 
as  they  and  the  city  council  shall  deem  expedient,  a sum  not 
exceeding  two  hundred  thousand  dollars,  upon  the  credit  of 
said  city  of  Springfield;  and  shall  have  power,  by  and  with  the 
approval  of  the  city  council  of  said  city,  to  issue  bonds,  pledg- 
ing the  faith  and  credit  of  said  city  for  the  payment  of  the 
principal  and  interest  of  said  bonds ; which  bonds  shall  be  issued 
under  the  corporate  seal  of  the  city  of  Springfield,  and  signed 
by  the  mayor  and  city  clerk,  and  may  be  made  payable  at  such 
place,  and  in  such  currency  as  they  shall  deem  expedient,  and 
bear  interest,  not  exceeding  eight  per  centum  per  annum Pro- 
vided, that  no  bonds  shall  be  issued  until  the  city  council  shall 
have  approved  of  such  issue,  by  a vote  of  a majority  of  all  the 
aldermen  by  law  authorized  to  be  elected.  It  shall  be  the  duty  of 
the  said  commissioners,  to  keep  an  accurate  register  of  all  bonds 
and  all  interest  coupons  issued  by  them,  showing  the  number,  date 
and  amount  of  each  bond  and  coupon,  and  to  whom  issued, 
and  where  payable;  and  it  shall  be  the  -duty  of  the  city  clerk 
to  register  the  said  bonds  when  approved  as  aforesaid,  in  the 
same  manner  as  the  other  indebtedness  of  the  city  is  registered : 
Provided , further,  that  all  funds  derived  from,  the  sale  of  the 


WATER-WORKS  CHARTER  AND  AMENDMENTS. 


831 


bonds  of  the  said  board,  or  from  water  rents,  or  otherwise,  shall 
be  exclusively  used  for,  and  appropriated  by  said  board  to,  the 
objects  and  purposes  specified  in  this  act;  nor  shall  any  part 
thereof  be  loaned  to,  or  used  by,  the  said  city  of  Springfield. 

1637.  Assessments  for  use  of  water — lien.]  § 9.  The  said 
commissioners  shall,  from  time  to  time,  assess  the  amounts  to 
be  paid  for  water,  used  at  each  house  or  other  building,  against 
the  occupant  or  occupants,  owner  or  owners  of  such  house  or 
other  building,  upon  such  basis  as  they  shall  deem,  equitable; 
and  such  water  rents  shall  become  a continual  lien  upon  such 
house  or  other  building  for  the  accommodation  of  which  water 
shall  have  been  introduced,  and  upon  the  land  or  lot  on  which 
house  or  other  building  stands,  when  said  lot  or  land  and  build- 
ing are  owned  by  the  same  person  or  persons,  from  the  time 
the  water  shall  have  been  introduced  as  aforesaid. 

1638.  Assessment  of  buildings  adjoining  street — lien — 
collection.]  § 10.  The  said  board  shall  have  the  power,  and 
it  shall  be  their  duty  to  assess,  as  water  rents,  such  amounts  as 
they  shall  deem  equitable,  upon  the  owner  or  owners,  occupant 
or  occupants,  of  any  building  or  buildings,  which  shall  be  situ- 
ated on  lots  adjoining  ally  street,  avenue  or  alley  in  said  city, 
through  which  the  distributing  water  pipes  are  or  may  hereafter 
be  laid,  from  which  such  building  or  buildings  can  be  con- 
veniently supplied  with  water,  whether  the  said  owner  or  owners 
shall  make  use  of  such  water  or  not;  and  said  water  rates  shall 
be  and  become  a continuing  lien,  or  charge,  upon  all  such  build- 
ings, and  the  lot  or  lots  upon  which  such  buildings  are  situated, 
if  owned  by  the  same  person  or  persons,  as  such  building  or 
buildings,  and  shall  be  collected  in  like  manner  with  other  water 
rates  of  said  city. 

1639.  Assessment  of  building  in  the  vicinity,  etc.]  § 11. 

The  said  commissioners  shall  also;  from  time  to  time,  assess 
upon  the  person  or  persons  occupying  or  owning  any  house  or 
other  building  situated  in  the  vicinity  of  any  public  hydrant, 
when  said  house  or  other  building  is  not  supplied  by  a private 
hydrant,  such  amount  as,  in  their  judgment,  the  occupant  of 
such  house  or  other  building  might  be  benefited  by  the  use  of 
such  public  hydrant;  and  such  assessment,  when  so  made,  shall 
be  a lien  upon  such  house  or  other  building,  and  upon  the  lot 


STATUTES  RELATING  TO  CITY. 


832 


upon  which  the  same  may  stand,  when  said  house  or  other  build- 
ing and  lot  are  owned  by  the  same  individual,  in  the  same  man- 
ner as  other  water  rates  of  said  city. 

1640.  Collection  of  water  rents — warrant — levy.]  § 12. 

It  shall  be  the  duty  of  the  said  commissioners  to  collect  the 
rents,  so  assessed,  as  required  in  the  foregoing  sections,  and  in 
case  any  person  or  persons  so  assessed  shall  neglect  to  pay  any 
such  assessment,  for  ten  days  after  the  time  fixed  for  the  pay- 
ment thereof,  of  which  notice  shall  be  given  in  some  newspaper 
published  in  said  city, — such  notice  to  be  at  least  ten  days  be- 
fore the  time  fixed  for  the  payment  of  such  rents, — said  commis- 
sioners shall  issue  their  warrants,  under  the  seal  of  said  corpora- 
tion, directed  to  the  marshal,  or  any  constable  of  said  city,  com- 
manding him  to  make  the  amount  specified  in  such  warrant, 
being  the  amount  due  for  water  rents  as  aforesaid,  together 
with  the  cost  of  advertising  the  same,  and  such  fees  as  consta- 
bles are  entitled  to  by  the  laws  of  this  State  in  the  levy  and 
sale  of  personal  property  upon  execution,  out  of  goods  and  chat- 
tels of  the  person  or  persons  so  assessed,  as  aforesaid;  and  the 
marshal  or  constable,  in  such  cases,  may  levy,  under  said,  war- 
rant, upon  any  personal  property  of  the  person,  or  persons, 
against  whom  the  same  is  issued,  and  sell  the  same  at  public 
auction,  after  giving  ten  days’  notice  of  the  time  and  place  of 
sale,  in  some  newspaper  published  in  said  city ; and  such  warrant 
shall  authorize  the  sale  of  any  house  or  building  on  which  any 
lien  shall  have  attached  as  aforesaid,  subject  only  to  such  bona 
fide  encumbrances  as  shall  have  existed,  prior  to  the  time  of  the 
introduction  of  such  water  as  aforesaid. 

1641.  Board  to  report  unsatisfied  warrants,  etc.]  § 13.  It 

shall  be  the  duty  of  the  said  board  to  return  to  the  city  council, 
as  often  as  said  board  shall  deem  necessary,  the  warrants  for  the 
collection  of  water  rents,  issued  by  them  as  provided  above, 
which  have  been  returned  to  said  board  unsatisfied;  and  shall 
report  to  the  city  council  at  the  same  time,  the  building  or  build- 
ings, lot  or  lots  to  which  the  amounts  specified  in  such  warrants 
are  respectively  chargeable;  and  the  city  council  shall  thereupon 
take  the  same  proceedings  for  the  collection  of  such  amounts 
as  are,  or  may  hereafter  be,  provided  by  the  charter  and  ordi- 
nances of  said  city,  for  the  collection  of  the  amount  due  in  any 


WATER- WORKS  CHARTER  AND  AMENDMENTS. 


833 


warrant  for  the  collection  of  sidewalk  assessments,  after  such 
warrant  has  been  returned  unsatisfied;  and  the  amount,  when 
so  collected,  shall  be  paid  to  the  said  board. 

1642.  Board  to  print  rules — violation  of.]  § 14.  The  said 
board  shall  cause  to  be  printed,  on  each  water  permit  issued  to 
any  party  using  the  water,  a copy  of  all  rules  and  restrictions 
regulating  the  use  of  the  water,  which  shall  be  adopted  by  them ; 
and  they  shall  further  report  a copy  thereof  to  the  city  council, 
who  shall  thereupon,  pass  an  ordinance  estsablishing  such  rules 
and  regulations,  and  providing  penalties  for  their  violation, 
which  penalties  may  be  enforced  in  any  court  having  jurisdiction 
of  any  offense,  against  any  of  the  ordinances  of  said  city.  In 
all  cases  where  said  water  rates  are  not  paid,  as  required  by  this 
act,  and  the  rules,  regulations  and  ordinances  passed  in  pursu- 
ance thereof,  and  in  all  cases  where  the  rules  and  restrictions 
caused  to  be  printed  on  said  permits  by  the  said  board  are  not 
complied  with,  the  said  board  shall  have  the  right  to  stop  or  cut- 
off the  supply  of  water  from  any  person  or  persons  refusing 
or  neglecting  such  payment  or  compliance. 

1643.  Commissioners  to  construct  hydrants,  etc. — assess 
benefits.]  § 15.  It  shall  be  the  duty  of  said  commissioners 
to  construct  hydrants  of  sufficient  size  and  capacity,  and  in  such 
localities,  as  they  shall  deem  desirable,  for  the  purpose  of  ex- 
tinguishing fires;  and  they  shall  assess  the  houses  and  other 
buildings  in  the  vicinity  of  said  hydrants  in  the  proportion  in 
which  they  shall  deem  the  same  respectively  benefited;  and  the 
said  asssessment  shall  be  collected  in  the  same  manner  as  herein 
provided  for  the  collection  of  the  water  rent,  assessed  by  said 
corporation. 

1644.  Keep  record  of  proceedings.]  § 16.  The  said  com- 
misssioners  shall  keep  an  accurate  account  or  record  of  all  pro- 
ceedings, together  with  a list  of  all  asssessments  for  water  rents, 
which  shall  bq  subject  to  inspection  at  all  times;  and  may  elect 
one  of  their  own  number  to  act  as  secretary  of  said  board,  or 
employ  some  other  competent  person  for  the  purpose,  as  they 
may  deem  desirable. 

1645.  Duty  to  report  to  council.]  § 17.  It  shall  be  the 
duty  of  said  commisssioners  to  make  report  to  the  city  council 
semi-annuallv,  which  report  shall  embrace  a statement  of  the 


834 


STATUTES  RELATING  TO  CITY. 


funds  and  securities  of  said  corporation,  and  all  debts  due  and 
owing  to  and  from  said  corporation,  together  with  an  accurate 
account  of  their  expenditures,  which  statement  shall  be  certified 
by  said  commissioners  under  oath,  and  shall  be  entered  of  record 
by  the  clerk  of  the  said  city,  and  published  in  some  newspaper 
in  said  city  of  Springfield. 

1646.  Surplus  funds — how  invested.]  § 18.  Whenever  the 
receipts  of  the  said  corporation,  from  water  rents  and  other 
sources,  shall  accumulate  so  that  there  shall  be  a surplus, 
amounting  to  a sum  not  less  than  five  hundred  dollars,  not 
needed  for  the  current  expenses  of  the  said  corporation,  it  shall 
be  the  duty  of  the  commissioners  to  invest  the  same,  first  in 
the  payment  of  the  interest  on  said  bonds  as  it  becomes  due, 
or  in  the  purchase  of  the  outstanding  bonds  of  said  company, 
if  they  can  be  purchased  at  or  below  par;  if  not,  then  in  the 
purchase  of  United  States  or  State  government  stock;  or  upon 
unincumbered  real  estate  in  the  county  of  Sangamon,  of  at 
least  double  the  value  of  the  amount  loaned,  with  the  approval 
of  the  mayor  and  committee  of  finance  of  the  city  council,  or  a 
majority  of  them.  Such  investment  shall  be  made  in  the  name 
of  said  corporation,  and  in  such  manner  as  to  make  the  same 
available  for  the  payment  of  the  interest  and  principal  of  the 
bonds  issued  by  them.  The  semi-annual  report  of  the  said 
board  shall  specify  in  full  the  nature  and  amount  of  the  respec- 
tive securities  in  which  the  said  surplus  fund  is  invested. 

1647.  Commissioners  not  to  be  interested  in  contracts.] 

§19.  No  one  or  more  of  said  commissioners,  nor  any  of  the 
officers  of  said  board,  or  any  member  of  the  city  council,  dur- 
ing the  term  for  which  they  were  elected,  shall  be  interested, 
directly  or  indirectly,  in  any  contract  entered  into  by  said  board 
with  any  person,  nor  in  the  purchase  of  any  materials  to  be 
used  or  applied  in  or  about  the  uses  and  purposes  contemplated 
in  this  act. 

1648.  Removal  of  commissioners — how  removed.]  § 20. 

The  said  commissioners,  or  either  of  them,  may  be  removed 
from  office  by  the  judge  of  the  circuit  court  of  Sangamon  county, 
or  the  judge  of  the  circuit  in  which  Sangamon  county  is  situated, 
upon  petition  addressed  to  said  judge,  at  any  time,  by  the  order 
of  the  city  council  of  said  city.  The  said  petition  shall  be  voted 


WATER-WORKS  CHARTER  AND  AMENDMENTS. 


835 


by  a majority  of  all  the  members  of  said  council,  and,  when 
presented  to  such  judge,  shall  be  accompanied  by  specification  of 
charges  made  against  said  commissioner  or  commissioners.  No 
technical  form  shall  be  required  for  the  statement  of  said 
charges,  so  that  the  same  are  stated  in  such  a form  as  to  be 
specific  and  intelligible.  The  judge  to  whom  such  petition  is 
addressed,  upon  presentation  of  said  petition,  shall  order  a copy 
thereof  to  be  filed  in  said  court  of  which  he  is  judge,  and  notice 
of  the  filing  thereof  to  be  issued  forthwith  by  the  clerk  of  said 
court  to  said  commissioner,  and  that  the  same  would  be  taken 
up  at  the  next  term  of  said  court,  after  the  service  of  such  notice 
upon  said  commissioner.  The  said  judge  shall  sit  as  a special 
commissioner  to  try  said  charges,  and  the  course  of  proceedings 
in  said  trial  shall  be  governed  by  the  general  rules  of  procedure 
in  the  trial  of  misdemeanors  in  the  courts  of  this  State,  except- 
ing that  no  jury  shall  be  allowed.  Evidence  may  be  given 
either  orally  or  by  deposition,  as  in  civil  cases;  and  the  said 
commissioners  may  each  be  interrogated  upon  oath,  touching 
the  matter  contained  in  said  charges;  and  if  it  shall  appear,  to 
the  satisfaction  of  such  judge,  that  the  said  commissioner  or 
commissioners  charged  as  aforesaid  have  been  guilty  of  mal- 
feasance in  office,  or  of  any  breach  of  duty,  either  of  commission 
or  of  omission  under  this  act,  which  shall  have  been  charged 
as  aforesaid,  the  said  judge  shall  order  the  removal  of  any  one 
or  more  of  said  commissisoners ; and,  if  the  said  judge  shall, 
for  any  cause,  remove  any  one  or  more  of  said  commissioners 
from  office  before  the  expiration  of  the  term  of  office,  the  city 
council  shall  thereupon  appoint  a commissioner,  or  commis- 
sioners, in  the  stead  of  those  so  removed,  who  shall  fill  such  office 
for  and  during  the  unexpired  term  of  the  commissioner  or  com- 
missioners so  removed. 

1649.  Commissioners  to  make  special  report  to  the  council, 
etc.]  § 21.  It  shall  be  the  duty  of  said  commissioners,  at 
least  thirty  days  ^before  the  time  fixed  by  the  city  ordinance 
for  assessing  city  taxes,  to  make  a special  report  to  the  city 
council  of  said  city,  what,  if  any,  sum  will  be  needed  by  said 
commissioners,  over  and  above  the  revenue  of  said  corporation, 
to  meet  the  payment  of  interest,  or  principal  of  the  bonds,  issued 
as  aforesaid ; and  it  shall  be  the  duty  of  the  city  council,  to  raise 


STATUTES  RELATING  TO  CITY. 


836 


said  amount  by  a special  tax,  in  the  same  manner  as  general 
taxes,  to  be  designated  water  tax;  and  the  said  amount  shall  be 
paid  over  to  the  said  corporation,  by  the  collector  of  said  city. 

1650.  Right  to  enter  upon  land.]  § 22.  The  said  com- 
missioners are  hereby  authorized  to  enter  upon  any  land,  or 
water,  for  the  purpose  of  making  surveys,  and  to  agree  with  the 
owner  of  any  property  which  may  be  required  for  the  purposes 
of  this  act,  as  to  the  amount  of  compensation  to  be  paid  to  such 
owner. 

1651.  Right  to  condemn  property,  etc.]  § 23.  In  case  of 
disagreement  between  the  commissioners  and  owners  of  property, 
which  may,  in  the  judgment  of  the  commissioners,  be  required 
for  any  of  the  purposes  specified  in  this  act,  as  to  the  amount 
of  compensation  to  be  paid  such  owners,  or  in  case  any  such 
owners  shall  be  an  infant,  a married  woman,  or  insane,  or  absent 
from  this  State;  or  in  case  of  disagreement  between  the  said 
commissioners  and  any  owner  or  owners  of  property  touching 
the  amount  of  damages  arising  from  the  construction  of  any 
part  of  the  work  authorized  by  this  act,  the  said  commissioners 
shall  have  the  right  to  condemn  said  property,  or  to  have  the 
amount  of  such  damages  ascertained,  or  both;  and  the  proceed- 
ings of  the  condemnation  of  such  property,  or  the  ascertain- 
ment of  such  damages,  or  both,  shall  conform  as  nearly  as  may 
be  to  those  specified  and  provided  in  the  act  entitled  “An  act 
to  amend  the  law  condemning,  right  of  way  for  purposes  of 
internal  improvements,”  approved  June  22,  1852,  and  the  act 
or  acts  of  which  the  same  is  an  amendment. 

1652.  Claims — allowed.]  § 24.  No  account  or  claim 
against  the  said  board  shall  be  allowed,  except  by  the  vote  of 
a majority  of  the  said  board. 

1653.  No  member  of  board  or  council  to  derive  benefit  from 
funds.]  § 25.  No  member  or  other  officer  of  said  board,  and 
no  member  of  the  city  council,  shall,  either  directly  or  indirectly, 
receive  any  interest  or  profit  whatsoever  on  account  of  the  de- 
posit of  any  of  the  funds  belonging  to  the  said  commissioners ; 
nor  shall  any  member  or  other  officer  of  the  said  board,  or  any 
member  of  the  city  council,  either  directly  or  indirectly,  make 
use  of,  or  borrow,  any  of  the  funds  of  the  said  commissioners, 
for  his  own  private  benefit  or  advantage.  The  funds  of  the  said 


WATER-WORKS  CHARTER  AND  AMENDMENTS. 


837 


commissioners  remaining  on  hand,  shall,  at  all  times,  until 
disposed  of,  be  kept  deposited  in  such  place  or  places  of  deposit, 
as  shall,  by  an  order  of  said  board,  be  directed, — which  order 
shall  be  entered  upon  the  records  of  said  board.  The  said  com- 
missioners shall  be  liable,  upon  their  bond,  for  the  loss  of  any 
or  all  money  coming  into  their  possession  or  control,  as  such 
commissioners. 

1654.  Drawing  out  funds — register  of  checks,  etc.]  § 26. 

The  funds  of  the  said  board  shall  be  drawn  out  upon  checks 
or  drafts,  regularly  numbered,  and  payable  to  the  order  of  the 
respective  person  or  persons  for  whose  benefit  the  same  are  in- 
tended, and  briefly  specifying  for  what  purposes  or  account 
the  same  are  drawn.  A careful  register  of  the  checks  or  drafts 
shall  be  kept  in  the  office  of  said  board,  and  the  original  checks 
or  drafts,  when  returned  to  said  board,  shall  be  carefully  filed 
and  preserved  among  the  vouchers  of  the  said  board  ; and  the 
said  register  and  the  said  returned  checks  or  drafts  shall  always 
be  subject  to  the  examination  of  the  finance  or  any  other  com- 
mittee appointed  by  the  city  council  for  such  purpose,  and  it 
shall  be  the  duty  of  the  said  finance  committee,  or  some  other 
committee,  or  of  such  other  person  or  persons  as  may  be  ap- 
pointed by  the  city  council  for  such  purpose,  to  examine  the  said 
register,  and  the  cash  accounts,  and  the  checks  and  drafts  of  the 
said  board,  at  least  once  in  three  months,  and  oftener  if  the  city 
council  shall  deem  it  expedient. 

1655.  Books  of  account — finance  committee  to  examine.] 

§ 27.  It  shall  be  the  duty  of  the  said  commissioners  to  keep 
books  of  account,  showing  with  entire  accuracy  the  amount  of 
the  receipts  and  expenditures  of  such  board  in  such  manner 
as  to  enable  the  same  to  be  readily  understood  and  investigated, 
and  also  to  carefully  preserve  on  file  in  their  office,  vouchers 
for  all  their  expenditures;  which  books  and  vouchers  shall,  at 
all  times,  be  open  to  the  examination  of  the  finance  committee 
of  the  city  council,  or  any  other  committee,  person  or  persons 
appointed  by  the  city  council  for  such  purpose ; and  it  shall  be 
the  duty  of  the  said  finance  committee,  or  any  special  committee 
appointed  for  such  purpose,  at  the  time  of  the  presentation  of 
the  semi-annual  reports  of  the  said  board  to  the  city  council, 
as  herein  provided,  to  make  a thorough  examination  of  the 


838 


STATUTES  RELATING  TO  CITY. 


books,  accounts  and  vouchers  of  the  said  corporation,  and  to 
report,  in  writing,  to  the  city  council  the  results  of  said  investi- 
gation. 

1656.  Commissioners  to  elect  superintendent,  etc.]  g 28. 

The  said  commissioners,  as  soon  as  they  shall  have  decided  by 
lot  their  respective  terms,  and  they  and  their  successors,  annually 
thereafter,  on  the  first  Monday  of  May,  shall  elect  a superin- 
tendent, who  shall  perform  all  such  duties  and  acts  as  they,  the 
said  commissioners,  have  the  power  to  perform  by  virtue  of  this 
act,  and  as  they  may  adopt  by  written  order,  and  assign  to  such 
commissioner  [superintendent].  The  superintendent  so  elected 
may  be  removed  at  any  time  by  a vote  of  all  the  members  of 
the  board. 

1657.  Contracts — how  executed.]  § 29.  All  contracts 

made  and  entered  into  by  and  with  the  said  board  shall  be  made 
in  writing,  and  of  each  contract  two  copies  shall  be  taken,  which 
shall  be  numbered  and  endorsed  with  the  date  of  the  contract, 
and  with  the  name  of  the  contractors  and  a summary  of  the 
work  to  be  done  or  materials  to  be  furnished,  one  copy  of  which 
shall  be  retained  by  the  said  commissioners,  and  the  other  copy 
of  which  shall  be  filed  with,  and  kept  and  preserved  by,  the 
clerk  of  said  city,  among  the  files  of  said  office. 

1658.  Commissioners  to  control  lands  and  works.]  § 30. 

The  said  commissioners,  after  they  shall  have  decided  by  lot 
their  respective  terms,  shall  succeed  to,  and  take  the  control 
of,  the  Springfield  water- works,  (contract  for  the  building  of 
which  has  been  entered  into  by  and  between  the  city  of  Spring- 
field  and  Ennis  and  Eastman),  and  also  to  succeed  to  and  take 
the  control  of  such  lot  or  lots  of  land  as  have  been  or  may  be 
purchased  or  procured  for  the  use  of  said  works;  said  commis- 
sioner shall  have  the  same  powers,  rights  and  privileges,  with 
respect  to  the  control  and  regulation  of  said  lands  and  works, 
that  said  board  would  have  had,  had  the  lot  or  lots  referred  to 
been  purchase'd  by  said  commissioners,  and  the  work  contracted 
for  with  them,  and  by  their  authority,  under  this  act : Provided , 

that  nothing  in  this  act  shall  be  construed  so  as  to  interfere 
with  or  invalidate  said  contract;  nor  shall  anything  contained 
in  this  act  release  or  impair  any  of  the  obligations  or  provisions 


WATER-WORKS  CHARTER  AND  AMENDMENTS. 


839 


of  that  or  any  other  contract,  by  and  with  the  said  city  of 
Springfield,  in  relation  to  said  water-works. 

1659.  Council  to  fix  salary  of.]  § 31.  The  salary  of  said 
commissioners  and  superintendent  shall  be  fixed  by  the  city 
council  of  said  city,  from  time  to  time,  as  soon  as  may  be  after 
the  passage  of  this  act;  and  after  each  election  as  herein  pro- 
vided; and  the  amount  of  such  salary  shall  not  be  reduced  dur- 
ing the  term  for  which  said  commissioners  shall  be  elected. 

1660.  Commissioners  shall  give  bond.]  § 32.  E'ach  com- 
missioner, before  entering  upon  the  duties  of  his  office,  shall 
give  bond  to  said  city,  in  such  sum,  and  with  surety,  to  the 
satisfaction  of  the  city  council  of  said  city,  conditioned  for  the 
faithful  performance  of  his  duties  as  such  commissioner, — the 
amount  of  which  bond  may  be  increased  at  any  time,  as  the 
said  city  council  may  deem  expedient;  and  the  city  council  shall 
have  the  power  to  require  the  superintendent  to  give  such  bond 
to  said  city,  as  it  shall  deem  necessary  and  expedient. 

1661.  City  council  may  pass  ordinances  to  preserve  property, 

etc.]  § 33.  The  city  council  may  pass  such  ordinances  as 
they  shall  deem  necessary  for  the  preservation  of  the  property 
of  the  said  board,  and  the  water  procured  by  said  corporation, 
and  annex  such  penalties  in  such  amounts  as  they  shall  deem 
appropriate,  not  exceeding  the  sum  of  one  hundred  dollars. 
Said  penalties  may  be  collected  before  any  police  magistrate  of 
said  city,  as  other  penalties  are  collected,  for  violations  of  the 
ordinances  of  said  city,  whether  said  injury  to  said  property, 
or  water,  shall  be  to  the  property  or  water  within  or  without 
the  city  limits,  and  within  the  county  of  Sangamon : Provided , 

that  nothing  contained  in  this  section,  or  in  any  ordinance 
passed  in  pursuance  thereof,  shall  deprive  the  proper  party 
of  the  right  to  have  and  maintain  the  proper  action  for  damages 
caused  by  said  injury,  or  of  any  person  to  prosecute  the  offender 
for  a violation  of  the  criminal  code  of  this  State,  in  its  commis- 
sion. 

1662.  Contracts — public  notice  to  be  given.]  § 34.  Public 
notice  shall  be  given  of  the  time  and  place  at  which  sealed  pro- 
posals will  be  received  for  entering  into  all  contracts  with  said 
corporation;  all  proposals  for  contracts  shall  be  sealed,  and 


840 


STATUTES  RELATING  TO  CITY. 


be  for  a sum  certain,  as  to  the  price  to  be  paid  or  received,  and 
no  proposition  which  is  not  thus  definite  and  certain  shall  be 
received  or  acted  upon. 

1663.  Entering  into  contract — security.]  § 35.  Every 
person  who  shall  enter  into  any  contract  shall  give  satisfactory 
security  to  the  commissioners  for  the  faithful  performance  of 
his  contract,  according  to  its  terms. 

1664.  Inconsistent  acts  repealed.]  § 3G.  All  acts  or  parts 
of  acts  heretofore  in  force,  and  inconsistent  with  the  provisions 
of  this  act,  are  hereby  repealed. 

1665.  To  take  effect  from  passage.]  § 37.  This  act  shall 
take  effect  from  and  after  its  passage. 

AN  ACT  to  amend  an  act  entitled  “An  act  to  incorporate  the  Springfield  Water- 

Works  Company,”  approved  February  21,  1861.  [Approved  February  21,  1863. 

—Private  laws  of  1863,  page  165. j 

1666.  Part  of  section  second  of  water-works  charter  re- 
pealed.] § 1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly,  That  so  much  of 
section  second  of  said  act  to  incorporate  the  Springfield  Water- 
works Company,  approved  February  21,  1861,  as  requires  a 
board,  of  water  commissioners  to  be  elected  on  the  first  Tuesday 
of  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-four,  and  on  the  first  Tuesday  of  April  annually  there- 
after, is  hereby  repealed. 

1667.  City  council  may  order  an  election  of  commissioners 
at  any  time.]  § 2.  The  city  council  of  the  city  of  Springfield 
may  order  an  election,  at  any  time  hereafter,  for  said  board 
of  water  commissioners,  when  said  council  may  deem  it  expedi- 
ent. 

1668.  When  to  take  effect.]  § 3.  This  act  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage. 

AN  ACT  to  amend  an  act  entitled  “An  act  to  incorporate  the  Springfield  Water- 

Works  Company,"  approved  February 21,  1861.  [Approved  February  19,  1867. 

—Private  law’s  of  1867,  vol.  3,  page  679.] 

1669.  Power  to  borrow  additional  sum — issue  bonds.]  § 

1.  The  board  of  commissioners  shall  have  power  to  borrow, 
from  time  to  time,  as  they  and  the  city  council  shall  deem  ex- 
pedient, a sum  not  exceeding  two  hundred  and  fifty  thousand 
•dollars,  in  addition  to  the  amount  already  authorized  to  be  bor- 


WATER- WORKS  CHARTER  AND  AMENDMENTS.  81 1 

rowed  by  the  act  to  which  this  is  an  amendment.  The  said 
•commissioners,  by  and  with  the  approval  of  the  city  council  of 
said  city,  shall  have  power  to  issue  bonds,  pledging  the  faith  and 
credit  of  said  city  for  the  payment  of  the  principal  and  interest 
of  said  bond,  which  bonds  shall  be  issued  under  the  corporate 
seal  of  the  city  of  Springfield,  and  signed  by  the  mayor  and 
comptroller,  and  may  be  made  payable  at  such  place  and  such 
manner  as  they  shall  deem  expedient,  and  bear  interest  not  ex- 
ceeding eight  per  cent,  per  annum. 

1670.  Power  to  build  dam  at  river,  and  to  condemn  lands.] 

^ 2.  Said  commissioners  shall  have  power  to  build  a dam 
across  the  Sangamon  river,  or  such  aqueducts  into  such  river, 
at  such  point  as  they  shall  deem  most  convenient  and  desirable, 
and  to  make  all  necessary  excavations,  and  to  erect  all  neces- 
sary buildings  at  the  said  river,  and  to  condemn  land  for  that 
purpose,  and  to  procure  the  right  of  way  from  such  point  as 
they  shall  agree  upon  at  said  river,  across  all  lands  between  the 
same,  and  such  parcels  of  land  as  they  shall  fix  upon  at  the  city 
of  Springfield,  for  the  laying  down  of  all  necessary  pipes,  and 
for  such  purpose  they  shall  have  the  right  to  take  and  condemn 
private  property,  and  may  also  take  and  condemn  private  pro- 
perty for  a roadway  along  the  line  of  their  wafer  pip&. 

1671.  Inconsistent  acts  repealed.]  § 3.  All  acts  or  parts 
of  acts  heretofore  in  force,  and  inconsistent  with  the  provisions 
of  this  act,  are  hereby  repealed. 

1672.  In  force  from  passage.]  § 4.  This  act  shall  take 
icffect  and  be  in  force  from  and  after  its  passage. 


t 


INDEX  TO  ORDINANCES 


A 

Accounts — Section 

Comptroller  to  revise  and  audit 35 

How  kept  by  treasurer 57 

Finance  committtee  to  control  and  examine 69 

City  engineer  to  keep  account  of  material,  etc 78 

Superintendent  of  streets  to  keep  account  of  implements, 

etc  94 

Of  expenditures  in  wards 95 

City  weigher,  of  loads  weighed 345 

Of  cemetery,  to  be  kept  by  city  clerk  and  treasurer 386 

Superintendent  of  police,  of  animals  sold,  etc 412 

Of  fees  collected  by  superintendent  of  police 468 

Manner  of  certifying 846 

Acknowledgments  of  Officers’  Bonds 714 

Actions — 

For  violation  of  ordinances,  where  brought 195 

Against  incorporated  company,  summons.... 197 

No  dismissal  for  informality 199 

Not  affected  by  repealing  ordinance 741 

Different  ordinances  relating  to,  prosecutor  may  elect  under 

which  to  proceed  747 

Additions — • 

How  laid  out,  etc 947,948 

Advertisements — 

For  work  done  by  special  assessment 102 

Bids  opened  104 

Re-advertisement 105 

For  city  supplies  ’873 

Posting  on  property  without  owners’  consent 970 

Aldermen — 

Council  meetings  attended,  report  of  clerk 21 

Authority  of  at  fires 248 

May  make  arrests  at 248 

Contesting  elections  of  448 

Compensation  460 

Alleys — (See  Streets  and  Alleys). 

Alton  and  Sangamon  Railroad  Co 1164,1165 

Amusements — 

Class  of  552 

Circus  and  menagerie 554 

License  required. 553,  554 

Mayor  to  determine  class 555 

Halls  and  theatres,  first  class 554,556 

Halls  and  theatres,  second  class 554,557 

Halls  and  theatres,  third  class 554,558 


INDEX  TO  ORDINANCES.  843 

Section 

Lotteries  not  to  be  held  out  as  inducement 559 

License  to  be  obtained  before  exhibition 560 

Doors  of  halls  to  open  out '. . 561 

Persons  not  to  stand  in  lobby 562 

Street  shows,  etc 552 

Animals — 

Prohibited  from  running  at  large,  penalty 398 

Police  to  take  up  and  impound 399 

Persons  injured,  damaged,  etc.,  may  take  up . ..  . 400 

Superintendent  of  police  may  appoint  pound  keeper 401 

Shall  be  provided  with  food  when  in  pound 402 

Duty  of  keeper  when  no  owner  appears,  etc 403 

Proceeding  against  unknown  owner,  notice,  etc 404,  406 

Owner  of  may  have  trial  by  jury 407 

Order  of  sale,  form  of 408 

Notice  of  sale,  form  of 409 

Manner  of  selling 410 

Sale  may  be  adjourned,  etc 411 

Account  kept  of  animals  sold,  by  whom 412 

Surplus  proceeds,  how  disposed  of 413 

Penalty  for  breaking  open  pound 414 

Penalty  for  taking  animals  from  lot  or  pen 415 

Horse  or  team  without  driver  may  be  taken  up 416 

Register  of  dogs  to  be  made 417 

Running  at  large  of  dogs  forbidden 418 

Superintendent  of  police  to  take  up  dogs 419 

Monthly  report  of  taxes  on  dogs 420 

Dogs  to  be  confined,  when 421 

Dogs  to  be  destroyed — penalty  to  owner 422 

Registered  dogs  not  to  be  impounded 423 

Keeping  fierce  and  dangerous  dog 424 

Female  dog,  penalty  for  running  at  large 425 

Penalty  for  beating,  overloading,  etc 426 

Penalty  for  failing  to  provide  sustenance  for 427 

Mischievous  animals  at  large,  penalty 428 

Removal  of  dead  animals 429,  1129 

To  be  removed  in  covered  wagons 430 

Chief  of  police  to  be  notified 431 

Indecent  exhibition  of,  penalty 647 

Keeping  for  fighting  or  baiting,  penalty 650 

Fast  riding  or  driving 662 

Leaving  team  unfastened . 663 

Penalty  for  frightening  teams,  etc 666 

Not  to  be  fastened  to  lamp  posts 678 

Not  to  be  fastened  to  fences  or  trees  without  consent 680 

Obstructing  sidewalks 818 

Leading  or  driving  over  sidewalks,  etc 821 

Teams  not  to  be  unhitched  or  left  standing,  etc.  843 

Teams  shall  not  to  be  left  standing  on  paved  streets,  excep- 
tions   844 

Excavations  open  so  as  to  endanger,  etc 829 

Pollution  of  Sangamon  river  by,  etc 913 

Appeals — 

How  and  when  taken 153 


For  Index  to  Laws  see  page  303. 


844 


INDEX  TO  ORDINANCES. 


Applications — Section 

For  building  permit 490 

For  licenses 579 

For  pharmacist’s  permit 627 

Appropriations — 

Unexpended  balances  transferred  to  general  fund 41 

To  be  made  in  first  quarter  of  fiscal  year 943 

Comptroller  to  notify  council  when  exhaused 944 

Arc  Lights  at  Railroad  Crossings — (See  Railroads.) 

Arrests — 

When  arrests  may  be  made,  with  or  without  process 180 

Officer  may  call  aid 183 

When  no  process  is  necessary 198 

Person  arrested  may  be  released  on  bond. 202 

Who  may  make  arrest  at  fires 248 

Superintendent  of  Oak  Ridge  may  make 390 

When  saloon  keeper  may  make 609 

Railroad  employes  may  make,  when 667 

Article  IX  of  General  Incorporation  Act — 

Ordinance  adopting 1055 

Ashes — 

Deposited  in  vessels,  etc 487 

Throwing  in  street,  penalty 850 

May  be  removed  by  scavenger 1009 

Assault  and  Battery — 

Affrays,  etc.,  penalty 632 

Assessments  for  Improvements — (See  Special  Assessments.) 
Auctioneers — 

License  fee  required (1)  549 

Selling  without  license,  penalty 551 

Time  license  shall  run 954 

License  not  transferable,  powers  of  auctioneer  not  to  be  dele- 
gated   955,956 

Bond,  etc  957 

Streets  or  sidewalks  not  to  be  obstructed,  penalty 958 

Substituting  inferior  article,  etc.,  penalty 959 

Automobiles  860,861 

Awnings 

Construction  in  fire  limits  regulated,  penalty 960 

Wooden  awnings  in  fire  limits,  etc 961 

How  constructed  outside  fire  limits 962 

Council  may  direct  removal  of,  etc . 963 

B 

Badges — 

Of  policemen 190,191 

Of  firemen  242 

Of  hackmen  and  drivers 881 

Of  bill  posters.... 966 

Of  porters  and  runners 1004 


INDEX  TO  ORDINANCES. 


845 


Bail — Section 

May  be  given  when  arrested 202 

Suit  on  bond  in  case  of  default 203 

Ball  Alleys,  Pin  Alleys,  etc. — 

License  required 542 

Not  to  be  open  on  Sunday,  penalty 685 

Keeping  without  license,  penalty 971 

Liquors  not  to  be  sold  in  without  license 972 

Minors  not  allowed  to  play 973 

Ball  Playing — 

Penalty  for  playing  in  business  portion  of  city 665 

Ballots — (See  Elections.) 

Banners — 

Not  to  extend  over  sidewalk  more  than  three  feet 815 

Barbed  Wire  Fences — 

Use  of  prohibited 997 

Not  to  be  built  on  street  line,  penalty 998 

Bawdy  House — (See  House  of  Ill-fame.) 

Bicycles  860,  861 

Billiard  Tables — 

License  fee  (4)  540 

Keeping  without  license,  penalty 971 

Not  to  keep  or  sell  liquor  without  license ' 972 

Minors  not  allowed  , to  play 973 

Bill  Posting — 

License  required  (3)  549 

Unlawful  without  license,  proviso,  fees,  etc 964 

Fee  for  license 965 

Bill  posters  to  wear  badge 966 

Hand  bills,  etc.,  not  to  be  thrown  on  streets 967 

Penalty  for  violating  provisions  in  regard  to 969 

Posting  of  bills  on  private  property  forbidden 970 

Board  of  Health — 

Inspection  of  milk 272 

Dairies,  to  supervise 272 

Apparatus  for  testing  purposes 273 

Room  and  supplies  273 

Sanitary  inspector  274 

Milk,  samples  to  be  taken  of  dealers 274 

Samples  to  be  tested ! 275 

Samples  brought  by  others  to  be  analyzed 276 

Vessels,  cans,  etc.,  to  be  inspected 276 

Plumbing  and  drainage  298 

Inspector  to  report  to 301 

Plumbers  to  file  plans  with 302 

Plumbers  to  exhibit  certificates 303 

May  suspend  certificate  303 

To  judge  number  of  inspections 304 

To  enforce  regulations 332 

For  Index  to  Laws  see  page  303. 


84G  INDEX  TO  ORDINANCES. 

Bonds—  Section 

Of  mayor 1 

Of  city  clerk 16 

Of  city  comptroller  31 

Of  city  treasurer * 50 

Of  superintendent  of  streets 87 

Of  city  engineer 75 

Of  contractors  for  public  works 105 

Of  city  attorney 147 

Of  superintendent  of  police 16i 

Of  sergeants  of  police.  . . . .* 172 

Of  patrolmen 17$ 

Of  patrol  wagon  drivers 189 

Of  prison  keeper 214 

Of  fire  marshal 233 

of  members  of  board  of  health *. 254 

Of  health  inspector 291 

Of  meat  inpector 335 

Of  city  weigher 344 

Of  inspector  of  weights  and  measures 356 

Of  members  of  Oak  Ridge  board 379 

Of  superintendent  of  Oak  Ridge  cemetery 389 

Of  applicant  for  building  permit 491 

Of  applicant  for  licenses 581,957 

Of  retailers  of  liquors 600 

Of  wholesalers  of  liquors 624 

Of  pharmacists  for  permit 627 

Of  city  officers 713 

Indemnifying  bond  to  be  given  by  contractor 835 

Of  hackmen,  etc. 879 

Of  draymen,  expressmen,  etc 891 

Of  superintendent  of  water  works 904 

Of  collector  of  water  rates 905 

Of  plumbers  942 

Of  auctioneers  957 

Of  pawnbrokers  989 

Of  porters  and  runners 1002 

Of  scavengers  1008 

Of  second-hand  and  junk  dealers 1015 

Bone  Factories — 

Establishment  of  unlawful 701 

Books — 

Obscene  or  indecent,  sale  forbidden 648 

Boundaries — 

Of  streets,  alleys,  etc.,  survey,  plat,  etc...# 79 

Plats  kept  in  engineer’s  office 82 

Of  Oak  Ridge  Cemetery 376 

Of  wards  of  the  city 1044-1050 

Boys — 

Throwing  of  stones  by 640 

Climbing  on  wagons,  etc ' 641 

Disturbing  assemblages,  etc 642 

Playing  about  railroad,  climbing  on  cars,  etc 667 

Throwing  missiles,  injuring  property,  penalty 675 

Disturbing  peace  on  Sunday 684 


INDEX  TO  ORDINANCES. 


847 


Branches — Section 

Filling  up  or  changing  without  consent 789 

Engineer  to  make  survey 790 

Brewers  and  Distillers — 

License  fee  required  for •••(7)  549 

Penalty  for  doing  business  without  license 623 

Application  and  bond  of 624 

ft 

Bridges  and  Culverts — 

Council  to  locate,  etc 97 

Railroad  company  to  construct  and  repair 751 

Removing  or  injuring,  penalty 828 

Brokers  and  Money  Changers — 

License  fee (5)  549 

Brokers,  etc.,  defined 974 

Doing  business  without  license,  penalty 97& 

Real  estate  broker  must  have  license 970 

Buildings — 

Erection  regulated  within  fire  limits....' 470 

How  constructed  in  fire  limits 477 

Roofs,  gutters,  cornices  of,  within  fire  limits 478 

Removal  of,  proviso 482 

When  may  not  be  repaired,  damage,  how  determined 482 

Duty  of  fire  marshal,  when  wooden  erected  or  removed, 

may  be  torn  down  by  order  of  mayor 480 

Ashes  from,  how  disposed  of 487 

Fire  marshal  to  inspect 488 

Permit  for  required  in  fire  limits 489 

How  permit  applied  for 490 

Bond  required  of  applicant  for  permit 491 

Erecting  or  altering  without  permit,  penalty 492 

Scuttles  or  openings  in  roof  of.. 493 

Chimney  flues,  etc.,  construction  of 494 

Stove  pipes  and  stoves,  how  set 495 

Combustibles  in 496 

All  buildings  to  be  inspected 497 

Fire  escapes  to  be  provided 498 

Fire  not  to  be  made  within  twenty  feet  of 509 

Doors  of  public  buildings  to  open  outward.... 669 

Posting  bills  on,  penalty 676-970 

When  a nuisance,  how  abated 703,704 

Privy  or  water  closet 708 

Steps,  etc.,  not  to  extend  on  sidewalk,  etc.,  more  than  3 feet.  813 

Encroaching  upon  street,  avenue,  alley  or  sidewalk. 832 

Erecting  without  obtaining  proper  line  of  street 833 

Contractor  or  builder  to  give  bond 835 

Encroaching  upon  street  not  tO’  be  repaired 836 

Encroaching  upon  street,  to  be  removed  within  .thirty  days  837 

Not  to  be  removed  without  permit 838 

Assessed  for  water  rates 903 

Numbering  of,  how  to  be  done 979-981 

Butchers — 

License  fee  for (28)  549 

(See  also  Meat  Vendors.) 

For  Index  to  Laws  see  page  303. 


848 


INDEX  TO  ORDINANCES. 


Butter — Section 

Penalty  for  selling  adulterated,  etc 270 

C 

Capital  Coal  Company  switch 1245,1246 

Capital  Horse  Railway 1307-1311 

Capital  Township- 

City  clerk,  ex-officio  clerk  of,  etc 22 

Election  precincts  of 456 

Voting  places 457 

Cars — 

Climbing  upon  unlawful 667 

Obstructing  streets,  crossings,  etc 754 

(See  also  Railroads.) 

Cedar  street — opening,  widening  and  extending 1552 

Cellars — 

Health  officer  may  inspect ' 293 

Opening  on  sidewalk,  etc.,  doors,  gratings,  etc 813 

Penalty  for  leaving  open 848 

Cemeteries — 

Establishing  of  within  one  mile  of  city  limits  forbidden...  366 

Burial  of  the  dead  in  old  cemeteries  prohibited 367 

Trespassing,  hunting,  etc.,  on  grounds  forbidden,  penalty..  368 

Penalty  for  injuring  property  of 369 

Oak  Ridge  board  to  have  charge  of  old  cemetery 370 

Superintendent  of  to  report  monthly 371 

Interments  not  to  be  made  in  without  permit 372 

How  burial  (permit  obtained 373 

Clerk  to  keep  record  of  burial  permits,  report  to  council.  . 374 

Penalty  for  forging  name  to  permit 375 

Hutchinson  cemetery  vacated  and  constituted  a park  (see 

also  Oak  Ridge  cemetery) 1070-1075 

Chimneys — (See  Buildings.) 

/ 

Churches — 

Doors  to  open  outward 669 

Disturbing  services  of,  penalty 683 

Snow  on  sidewalk  to  be  removed 823 

Circus — 

License  fee  for 554 

Cisterns — 

Not  to  be  left  open  adjoining  street 848 

Supplied  from  water  works 916 

Regulation  of  on  line  between  premises 920 

• • . 1 7 -t; 

City  Attorney — 

To  draw  form  of  contract  and  bond  for  public  work 107 

General  duties  defined 147-157 

To  advise  health  inspector,  etc 295 

City  Clerk — 

Bond  of * . . . . 16 

Office  at  city  hall,  hours  of. 17 


INDEX  TO  ORDINANCES. 


849 


Section 

To  attend  all  council  meetings  and  keep  records,  etc 18 

To  issue  notices,  etc 18 

To  deliver  papers  referred  to  committee 19 

To  prepare  commissions,  licenses,  permits,  etc 20 

To  report  to  comptroller  number  of  meetings  attended  by 

aldermen 21 

Ex-officio  clerk  of  Capital  township 22 

May  appoint  deputy,  etc 24 

To  preserve  books,  records,  etc 24 

Other  duties  of 25 

To  furnish  copies  of  ordinances,  etc 148 

To  be  clerk  of  board  of  health 255 

To  certify  orders  of  board  of  health 258 

To  issue  burial  permits 373 

To  keep  record  of  same 374 

To  keep  plat  of  Oak  Ridge  Cemetery 384 

To  countersign  cemetery  deeds 385 

To  keep  cemetery  accounts 386 

To  furnish  to  superintendent  monthly  list  of  lots  sold 391 

To  give  notice  of  elections 434,435 

To  provide  poll  books,  blanks,,  etc.,  for  elections 439 

To  give  notice  to  persons  elected  or  appointed 445 

To  preserve  ballots  six  months 455 

Fees  to  be  charged  by 470 

To  make  semi-annual  report  of  fees 471 

To  issue  building  permits 490 

To  sign  permits  for  keeping  gunpowder 520 

To  issue  licenses 579 

To  certify  to  transfers  of  licenses 585 

To  keep  license  register  and  make  monthly  report  of  licenses  591 

To  notify  all  persons  whose  licenses  have  expired 593 

To  notify  liquor  dealers  to  procure  copy  of  this  article 615 

To  issue  permits  to  pharmacists 628 

To  issue  officers’  commissions 716 

Form  of  commission  issued  by 717 

To  file  and  keep  original  ordinances,  correct  errors,  etc....  735 

To  have  ordinances  published.... 736 

To  mark  date  of  passage  of  ordinance  at  foot  of  record 737 

To  deliver  revised  ordinances  to  each  officer,  etc 739 

To  furnish  chapter  relating  to  street  lights  to  companies...  872 

Shall  be  custodian  of  corporate  seal 978 

City  Council — 

Regular  and  special  meetings 8,  10 

Quorum  of  11 

Rescinding  vote  at  special  meeting 12 

Standing  committees,  meetings  of 9 

Standing  committees  of,  how  appointed 13 

Reports  of  committees  of,  shall  be  deferred,  when 14 

Decision  of,  final  in  contested  election  of  alderman 448 

To  fix  time  for  taking  depositions  in  contested  election....  456 
Evidence  in  contested  election,  how  passed  upon  by  council.  453 

Ballots  may  be  produced  before  committee  of 454 

Compensation  of  city  officers  to  be  fixed  by 458 

May  order  unsafe  or  dangerous  buildings  removed 703 

To  approve  plats  of  additions,  etc 948 

May  order  the  removal  of  awnings,  when 961,963 

Telegraph  poles,  etc.,  not  to  be  erected  without  consent  of.  . 1025 

For  Index  to  l^aws  see  page  303. 


850 


INDEX  TO  ORDINANCES. 


City  Treasurer — Section 

Member  of  department  of  finance 27 

Bond  of  50 

Receiver  of  all  corporate  moneys 51 

To  give  receipts  therefor,  file  copies 52 

To  keep  register  of  warrants  redeemed 53 

Receipts  of  special  assessments,  how  applied 54 

Corporate  moneys  kept  separate 55 

Report  delinquent  officer  to  comptroller 56 

Books  and  accounts,  how  kept 57 

Monthly  account  to  be  rendered  to  comptroller 58 

Shall  make  annual  report 59 

To  be  ex-officio  collector  of  special  assessment 60,  62 

Form  of  notice  of  special  assessment  to  be  given  by 63 

Shall  request  payment,  his  neglect  to  do  so,  etc. 64 

Shall  execute  receipts  in  duplicate 65 

Receipt  books,  how  kept 66 

Shall  report  to  county  collector 67 

Shall  receive  no  extra  compensation,  unless,  etc 68 

Shall  keep  cemetery  account 386 

Shall  keep  account  of  pound  receipts 412 

City  Comptroller — 

Head  of  finance  department 26 

Office  of  created 29 

How  and  when  appointed 30 

Bond  of  31 

Duties  of 32 

To  keep  the  books  of  the  city,  papers,  etc 34 

To  revise  and  audit  accounts,  draw  warrants,  etc 35 

Keep  list  of  all  warrants  drawn 36 

May  require  statements  under  oath 37 

Shall  require  monthly  reports  of  officers,  duty  of  when  officer 

neglects  to  report 38 

To  keep  account  of  revenue  and  debts 39 

To  notify  council  when  appropriations  are  exhausted 40 

To  transfer  balances  to  general  fund 41 

To  keep  register  of  bonds 42 

To  keep  list  of  local  improvements,  contracts,  etc 43 

To  attend  tax  sales  of  real  estate  in  interest  of  city 44 

To  countersign  licenses 45 

To  report  monthly  to  council 46 

His  annual  report,  what  to  contain 47 

To  make  estimate  of  annual  expenses 48 

To  deliver  to  successor  in  office  all  papers,  etc 49 

To  countersign  contracts,  etc 107 

When  to  draw  warrants  for  public  works Ill 

To  provide  blank  reports  for  magistrates 207 

To  institute  suit  against  delinquent  officers 208 

To  provide  books,  etc.,  for  city  weigher 349 

To  provide  standards  of  weights,  etc.,  for  use  of  inspectors.  357 

To  draw  warrants  for  salaries 358 

To  keep  record  of  all  licenses 587 

To  notify  council  when  funds  exhausted 944 

City  Engineei — 

Member  of  department  of  public  works 72 

Office  created,  term  of  office 73 

How  and  when  appointed 74 

Bond  of ' 75 


INDEX  TO  ORDINANCES.  851 

Section 

General  duties  of 76 

To  superintend  public  works 77 

To  inspect  and  measure  material,  etc.,  examine  bills,  certify 

same  78 

To  make  surveys  of  grades  or  boundaries,  etc 79 

Plats  or  profiles  to  be  approved  by  council 79 

To  give  grade  of  street,  alley,  etc.,  without  charge,  may  em- 
ploy assistants 80 

To  provide  himself  with  field  notes  of  original  surveys 81 

To  keep  plats  of  grades  and  surveys  of  location  of  sewers.  . 82 

To  issue  permits  to  connect  private  drain  with  public 

sewer  83 

To  make  annual  report  to  council  84 

To  preserve  all  plats  and  surveys,  etc 85 

To  prepare  plans  and  specifications 101 

To  certify  to  work  when  completed Ill 

To  keep  maps  of  sewerage  districts 784 

To  make  survey  of  natural  drain 790  ^ 

May  give  temporary  grades  for  sidewalks 804 

Shall  give  line  of  street  before  building  erected 833 

To  notify  owner  of  building  encroaching  on  street,  etc 837 

Numbering  houses,  duty  of 980 

City  Electrician — 

Office  created,  term  of 113 

How  and  when  appointed  114 

Oath  and  bond .'....  115 

Duties  of  116 

Salary  fixed  117 

To  supervise  electric  lamps  and  all  electric  wires,  etc 118,  119 

Shall  test  insulation 120 

To  superive  all  apparatus  connected  with  electric  wires....  121 
To  supervise  construction  of  all  electrical  apparatus,  conduc- 
tors, etc  122 

To  issue  certificates  of  inspection 123 

To  issue  permits  for  erection  of  wires 124 

General  powers  and  duties  as  inspector 125,126 

Switches,  cut-outs,  etc.,  placed  under  the  direction  of 127 

Guard  wires*  irons,  etc.,  approved 128 

Permits  granted  to  erect  poles  on  his  recommendation,  etc.  129 

To  enforce  provisions  in  regard  to  poles 130 

Powers  and  duties  concerning  electric  railways,  etc 131 

Report  of  daily  tests  of  insulation  to  be  made  to 132 

Books  of,  how  kept 135 

May  order  stoppage  of  electric  current 133 

Regulations,  subject  to  approval 136 

Pees  as  inspector  136 

To  have  general  supervision  over  electric  wires 139 

To  make  inspection  of  electric  wires 140 

To  direct  placing  and  stringing  of  wires 141 

To  supervise  changes  and  alterations 142 

Electric  construction  to  conform  with  regulations 143 

To  inspect  electric  wires  and  poles 1033 

To  furnish  patrolmen  with  blanks 1034 

Companies  owning  to  pay  fees 1035 

Fees,  penalty 1035,1036 

For  Index  to  Laws  see  page  303. 


S52 


INDEX  TO  ORDINANCES. 


City  Prison  and  Workhouse — Section 

Established,  location  of 211 

City  Prison  Keeper — 

Office  created 212 

How  appointed,  bond,  oath 213 

Ex-officio  policeman,  reside  at  prison,  duties 214 

Receive  and  receipt  for  prisoners 214 

Require  persons  committed  to  labor 216 

Keep  record  of  prisoners 217 

Report  monthly  to  council 218 

Prisoners  released,  when,  penalty 219 

Shall  keep  prison  clean,  etc 220 

Shall  enforce  rules,  etc 221 

May  employ  medical  attendance 222 

Police  committee  to  visit  prison  and  report  to  council 223 

Humane  treatment  of  prisoners,  no  liquor  to  be  furnished, 

penalty  224 

Shall  deliver  prisoners  to  superintendent  of  streets,  etc 225 

City  Weigher — 

Appointment  of 343 

Bond  of 344 

Duties  of  345 

To  make  certificates  of  weights,  reweigh  vehicles,  etc 346,347 

To  test  scales  and  keep  in  order 348 

Comptroller  to  furnish  blanks 349 

Report  monthly  to  city  council 350 

Appoint  deputy  at  own  expense 351 

Neglect  of  duty,  false  certificate,  penalty 352 

Persons  not  to  be  appointed,  not  to  buy  hay,  coal,  etc 353 

Altering  certificate  of,  weigher  to  prosecute,  penalty 354 

Citizens'  Street  Railway  Company 1372-1404 

Citizens’  Street  Railway  and  Improvement  Company,  Right  of 

Way  of,  etc 1348-1371 

Coal- 

How  weighed,  deductions 346 

City  weigher  not  to  be  a dealer  in 353 

Combustible  Materials — 

If  deposited  or  scattered  near  lumber,  penalty 486 

Must  be  removed  from  building,  etc 496- 

Not  to  be  set  on  fire  within  thirty  feet  of  building 512 

Not  to  be  strewn  or  left  near  building...' 513 

Hay  and  straw,  how  stored 514 

Commissions — 

By  whom  made  out  and  signed,  form  of 716,  717 

Commitments — 

On  violations  of  ordinances 180 

For  non-payment  of  fine,  etc 215 

Name  and  offense  registered 217 

Of  offenders  at  fires 248 

Committees — 

Standing  committees,  meetings  of 9 

Standing,  how  appointed 13 


INDEX  TO  ORDINANCES.  853 

Section 

Reports  of,  when  deferred 14 

Papers  must  be  attached  to  report  of 15 

Committee  on  Finance — 

Members  of  finance  department 27 

To  prescribe  manner  of  keeping  accounts,  and  examine  books 

of  officers  69 

May  be  appealed  to  in  adjustment  of  accounts  of  officers..  70 
Make  annual  examination  of  accounts  of  treasurer  and 

comptroller  and  compare  reports. of 71 

Committee  on  Police — 

To  investigate  charges  against  officers  of  force 165 

Prescribe  uniforms,  etc 190 

Make  rules  for  prison  and  workhouse 221 

Visit  same  monthly 223 

Inspect  second-hand  and  junk  store’s  books 1020 

Committee  on  Fire  and  Water — 

Recommend  appointments  for  fire  department 241 

Make  rules  for  same 250 

Remove  members,  except  marshal 251 

Chairman  of  to  notify  owner  of  wooden  building  in  fire  lim- 
its, when 483 

In  connection  with  mayor  et  al.  shall  decide  on  fire  escapes.  498 

Committee  on  Public  Buildings 498 

Committee  on  Streets  and  Alleys — 

May  require  engineer  to  make  surveys  of 79 

Superintendent  to.  comply  with  orders  of 89 

Supervise  setting  of  telegraph  and  other  poles 1027 

(See  Streets  and  Alleys.) 

Concealed  Weapons — 

Carrying  of  unlawful,  penalty,  proviso 643 

Concert  Halls,  etc 556-562 

Contagious  Diseases — 

Provisions  in  regard  thereto 261-268 

Contested  Elections — (Seq  Elections.) 

Contracts  for  Public  Work — 

Comptroller  to  keep  list  of 43 

Engineer  to  make  plans,  etc 76 

Cost  to  be  ascertained  before  letting 99 

When  and  how  contract  to  be  let 100 

Duty  of  engineer  to  prepare  specifications,  etc 101 

To  be  made  by  special  assessment,  how  let 102 

Proposals  to  be  sealed,  bond,  etc 103 

Bids  opened  by  mayor,  contracts  let,  etc 104 

Bond  required,  bid  rejected,  re-advertised 105 

Failure  to  fulfill  contract 106 

Contract  drawta  by  city  attorney  in  duplicate,  etc 107 

Mayor  may  suspend  work 108 

What  to  contain  when  ipaid  by  special  assessment 109 

Surplus  earth  when  reserved  by  city,  etc 110 

For  Index  to  Laws  see  page  303. 


854 


1NDKX  'J’O  OltDlNANCES. 


Section 

Payments,  how  made,  advances,  reservations,  etc Ill 

No  payment  for  extra  work  without  order,  etc 112 

Contractor — 

Account  not  certified  unless  contract  complied  with 112 

No  city  officer  to  be  contractor  for  city  work 722 

Excavation  must  be  protected  by 829 

When  required  to  give  bond,  etc 835 

Duty  of  contractor  for  lighting  streets 866,867 

Corner  Stones — 

Penalty  for  removing  or  destroying 682 

Corporate  Seal — 

Described,  custodian  of,  not  binding  on  city,  unless,  etc 977,978 

Court — 

Term  defined 744 

Costs — 

Of  public  improvements,  ascertained 99 

In  police  courts,  city  not  liable,  officer  not  entitled  to  fees 

as  witness 205 

Malicious  prosecution,  taxed  against  complainant 206 

Not  to  be  taxed  against  city,  when 473 

Tearing  down  or  removing  buildings  in  fire  limits 483 

Crossings — 

Railroad  to  furnish  flagman  at . ... 753 

Not  to  be  obstructed  by  cars,  etc . . ., 754 

Teams  or  vehicles  not  to  obstruct 845 

Culverts — 

Construction  of  regulated 98 

Railroad  companies  to  construct  and  repair....... 751,752 

Persons  taking  up  to  return  or  repair. 828 

Curbing — 

How  constructed 807 

Rings  in  for  hitching 820 

D 

Damages — 

For  non-performance  of  contract . 108 

To  wooden  buildings  in  fire  limits,  how  determined 482 

Officer  liable  to  city  for  damages  from  neglect  of  duty 719 

For  connecting  private  drain  with  public  sewer 785 

Injury  from  defective  sidewalk,  owner  liable  for 812 

For  obstruction  to  streets,  etc 840 

Telegraph  and  telephone  companies,  when  liable  for 1026 

Dairies — (See  Milk.) 

Dairy  Herds  and  Cows — 

Cows  to  be  tested  for  tuberculosis 287 

Live  stock  commissioners  to  make  test 287 

Owners  to  file  certificate  with  milk  inspector 287 

Certificate  to  be  filed  before  milk  is  sold 288 

Penalty  for  violation 289 


INDEX  TO  ORDINANCES.  855 

Dead  Animals — Section 

Removal  of,  license...... 429 

Must  be  hauled  in  covered  wagon 430 

Chief  of  police  to  be  notified 431 

Depositing  in  sewer,  etc.,  penalty 787 

Throwing  into  Sangamon  river  unlawful 913 

In  reservoir  or  lakes  forbidden 916 

Deeds — 

City  clerk  to  attest 20 

Comptroller  to  have  charge  of 32 

To  cemetery  lots 385 

Form  of  for  cemetery  lots 386 

Defaulter — 

Suit  instituted,  etc.. 38 

Withhold  salary  from 459 

Department  of  Finance — 

Established,  etc 26 

Of  what,  officers  composed,  fiscal  year,  etc 27,28 

Department  of  Public  Works — 

Established,  of  whom  composed 72 

Contracts  for  to  be  advertised 102 

(See  Contracts  for) 

Depositions — 

Of  witnesses,  of  contested  election  of  alderman 453 

Disorderly  Conduct — 

In  saloon,  keeper  may  arrest  for 609 

Penalty,  etc 633,634 

Disorderly  House — 

Defined,  penalty  for  keeping ♦. 611 

Penalty  for  keeping 656 

Disturbing  the  Peace — 

At  elections  447 

Penalty  for  633 

By  challenging  to  fight,  etc 634 

At  places  of  amusement,  etc 639 

On  Sunday. 683,684 

Distillers  and  Distilleries — 

License  fee  fixed (7)  549 

Doing  business  without  license,  penalty 623 

Unlawful  to  establish  above  water  works  on  Sangamon  river  913 

Dogs — 

Tax  on,  checks,  how  and  by  whom  furnished 417 

At  large  unchecked,  when,  impounded,  how  released,  de- 
stroyed if  not  redeemed 418 

Superintendent  may  appoint  assistants,  penalty  for  resist- 
ing officers  419 

Fees  collected  on  to  be  reported  to  council 420 

Mayor  may  issue  proclamation  for -muzzling 421 

Running  at  large  contrary  to  ordinance 422 


For  Index  to  Laws  see  page  303. 


INDEX  'JO  OKU J NANCES. 


856 

Section 

When  registered,  etc.,  removing  check  from,  etc.,  penalty.  . 423 

Dangerous  dog  not  protected  by  check  running  at  large, 

penalty  for 424 

Bitch  in  heat  at  large,  penalty  for 425 

Cruelty  to 426 

Vicious,  not  to  run  at  large 424,423 

Fighting  or  baiting  prohibited 650 

Drains — 

Permit  for  connecting  with  sewer 83 

Street  superintendent  to  supervise  connection  of 91 

Constructing  without  permit,  penalty 785 

Natural  drain  not  changed  without  consent  of  council....  789 

Engineer  to  make  survey  of 790 

Excavations  for  to  be  filled 795 

(See  Plumbing  and  Drain  Laying.) 

Drays,  Carts  and  Wagons — 

License  fee  (9)  549 

Using  for  hire,  without  license,  prohibited 890 

How  license  obtained 891 

Number  of  license  placed  on  vehicle 892 

Rates  for  hauling  goods  and  merchandise 893 

Certified  copy  of  rate  to  be  kept 894 

Penalty  for  driver  to  refusing  to  carry  any  load,  unless,  etc.  895 

Illegal  rates  charged,  penalty  for 896 

Public  stand  897 

Drivers  to  obey  police  orders 898 

(See  Vehicles.) 

Dram  Shops — 

License  for (26)  549 

Penalty  fo»  keeping  without  license 599 

License,  how  obtained 600 

Definition  of * 616 

(See  Saloon  District.) 

Drivers — 

Of  fire  engines,  how  appointed 241 

Of  vehicles,  shall  turn  to  the  right 664 

Druggists — 

Penalty  for  selling  poison,  proviso 271 

Sale  of  liquor  without  permit  unlawful 626 

Permit  to  sell  liquor,  how  obtained,  bond,  etc 627 

Manner  of  issuing  permit,  expiration  of  permit 628,  629 

To  sell  only  for  purpose  authorized 630 

Mayor  may  revoke  permit 631 

Drunkenness — 

In  saloon  or  dram-shop 605 

Selling  to  habitual  drunkard,  notice,  etc.... 606 

Penalty  for  being  drunk 644 

Dwelling  Houses  and  Other  Buildings — 

Wooden  in  fire  limits,  not  to  be  enlarged,  etc. 481 

When  damaged  fifty  per  cent.,  etc 482 

Erected  contrary  to  ordinance,  nuisance 4 83 

Leaving  team  in  front  of  without  consent S43 

Provisions  in  regard  to  numbering 979-981 


INDEX  TO  ORDINANCES. 


857 


E 

Elections — Section 

General,  municipal,  when  held 433. 

Notice  of 434 

Special  elections 435 

Judges  and  clerks,  how  appointed,  notice  of 433 

If  judges  absent,  vacancies,  how  filled,  not  all  to  be  of  same 

party  43T 

Judges  may  appoint  clerk  to  fill  vacancy,  oath 433 

Ballot  boxes  and  poll  books,  how  provided 43^ 

Time  of  opening  and  closing  polls 440,  441 

City  elections  conducted  same  as  county  elections 442 

Returns  and  result,  how  made  and  declared 443 

Persons  declared  elected,  proceedings  in  case  of  a tie 444 

Persons  elected  to  be  notified 445 

New  election,  when  may  be  called 443 

Police  to  preserve  order  at  polls 447 

Of  aldermen,  may  be  contested 443 

Manner  of  contesting 449-454 

Ballots  preserved  six  months,  how  destroyed 455 

Election  precincts  and  voting  places  of  Capital  township.  . .456,  457 
Compensation  of  judges,  etc 472. 

Electric  Companies,  Firms  and  Corporations — 

To  keep  competent  man  in  employ 134 

To  conform  with  regulations 143 

License  for  wiring,  etc  144 

To  satisfy  city  electrician  of  competency 144 

Refusal  to  comply  with  order 145 

Penalty  for  violation 145 

Poles  and  wires,  inspection  of 1033 

Police  to  report  condition 1033; 

Blanks  furnished  patrolmen 1034 

Annual  fee  for  inspection 1035". 

Penalty  for  violation 1036. 

Electric  Light,  Heat  and  Power  Companies — 

Springfifield  Steam  Supply  and  Electric  Light  Co 1076 

R.  N.  Baylis  et  al.,  electric  light,  power  and  heating 1082 

Merchants’  Light  and  Power  Co.  . . 1091 

Peoples’  Electric  Light,  Power  and  Heating  Co 1100 

Authority  to  construct,  and  right  of  way 1100 

Extending  franchise 1114 

Capital  Electric  Co 1109. 

Eleventh  Street — 

Authorizing  railroad  on  south  part  of 1389-1394 

Engine  Companies  and  Engine  Houses — 

Where  located 231 

Evidence — 

Police  officers  (o  procure  in  police  cases 205 

In  contested  elections  451-453 

Against  bawdy  houses 660 

Clerk’s  memorandum  at  foot  of  record,  etc 73T 

For  Index  to  Laws  see  page  303. 


—29 


858 


INDEX  TO  ORDINANCES. 


Excavations — Section 

How  to  be  made  and  regulated 827-829 

Exhibitions — 

Of  aminals,  indecently,  etc 647 

Of  obscene  books,  etc 648 

Of  lewd  plays,  etc 649 

Persons  giving  to  keep  order 951 

Expenditures — 

Not  to  exceed  appropriations,  etc 99,  944 

For  street  lamps,  how  provided 868 

F 

False  Alarm — 

Of  fires,  penalty 504 

Fast  Driving  Prohibited 662 

Fees  and  Salaries — 

Excess  from  impounding  animals  paid  into  treasury 412 

From  dogs  registered,  report  of 420 

Of  officers,  except  aldermen,  how  fixed 458 

When  payable  459 

Of  aldermen  460 

Of  city  weigher  461 

Of  city  prison  keeper 462 

Of  city  police  force 463 

Of  superintendent  of  police  464-468 

Of  inspectors  of  weights  and  measures 469 

Of  city  clerk 470,471 

Of  judges  and  clerks  of  election,  how  paid *. 472 

Of  witnesses  and  jurors  473 

Illegal  fees,  penalty  for  charging 474 

For  licenses 549 

Scavenger’s  fees 1010 

Fences — 

Cutting  or  injuring,  penalty 674 

Boy  not  to  climb 675 

Posting  bills  on 676 

Fastening  animals  to 680 

Must  be  on  proper  line 833 

Encroaching  on  street  or  alley,  etc 836-837 

Height  of  regulated 996 

Barbed  wire  or  spiked,  along  street  line 997,998 

Fertilizing  Plant 1128 

Finances — 

Department  established,  of  whom  composed 26,27 

Fiscal  year  begins  on  first  day  of  March 28 

Duty  of  finance  committee 69-71 

Fines  and  Penalties — 

For  opening  connection  with  sewer 83 

For  violating  provisions  in  regard  to  electric  lights,  tele- 
graphs, etc 137-138 

Refusing  to  assist  officer 183 

Policeman  violating  his  duty 185 

For  neglect  of  police  magistrate  to  pay  over  fines,  etc 208 


INDEX  TO  ORDINANCES.  859 

Section 

Imprisonment  for  non-payment  of  fine,  etc 215 

Prisoner  may  work  out  fine  on  street 225 

For  refusing  to  obey  orders  of  board  of  health 259 

For  resisting  health  inspector 294 

For  altering  weighter’s  certificate 354 

For  trespassing  on  cemetery  grounds 368 

For  permitting  animals  to  run  at  large 398 

For  carrying  on  business  without  license 551 

Prosecutor  may  elect  under  which  ordinance  or  section  to 

proceed  747 

Fire  Arms — 

Discharging  in  cemetery  unlawful 368 

Superintendent  of  Oak  Ridge  may  arrest  offenders 390 

Discharging  in  city,  penalty,  exceptions. 516 

Child  under  18  not  to  have  in  possession 517 

Fire  Department — 

Established,  of  whom  composed 230 

Location  of  companies 231 

Rules  for  government  of ..........  250 

Fire  Escapes — 

Three  story  buildings,  except  residences,  to  be  provided 

with,  etc 498 

Notice  to  owners  of  buildings,  to  provide,  etc.,  proviso 499 

Penalty  for  not  placing,  etc 500 

Fire  Limits — 

Constituted  and  defined 475 

Erection  of  buildings  in,  regulated 476-483 

Balconies  of  incombustible  material..... 480 

Lumber  yards  not  to  be  established  in 484 

Lumber,  ashes,  offal,  etc.,  in 485-487 

Fire  marshal  to  inspect  buildings  within 488 

Building  permits  required,  how  obtained,  bond,  etc 489-492 

Relating  to  steam  works  within .501-503 

Wooden  buildings  a nuisance,  when 704 

Awnings  in,  regulated 760,761 

Fire  Marshal — 

Office  created,  term  of,  how  appointed... 232 

Bond,  etc  233 

To  be  chief  of  department,  care  of  property,  etc 234 

Must  attend  all  fires,  etc.,  tear  down  buildings,  etc 235 

May  prefer  charges,  suspend  members,  etc 236 

Orders  at  fire  must  be  obeyed,  exceptions 237 

Keep  record  of  department,  report  to  council,  etc 238 

Temporary  absence  of,  mayor  to  appoint,  etc 239 

Upon  expiration  of  term  of  office  shall  surrender  books,  etc.  240 

Proof  made  of  property  saved  at  fire 247 

May  make  arrests  at  fires 248 

Fire  and  water  committee  to  concur  writh  in  making  rules, 

etc  ...A 250 

To  select  appraisers  for  damaged  building 482 

To  examine  all  buildings  to  be  erected  or  removed  within 

fire  limits 488 

For  Index  to  Laws  see  page  303. 


INDl-lX  TO  ORDINANCES. 


BOO 

Section 

May  inspect  all  buildings  in  city- 497 

Concerning  lire  escapes,  to  determine  location,  etc 498 

Wooden  buildings  in  fire  limits,  when  to  notify  owner 704 

Firemen — 

Under  command  of  marshal 234 

How  appointed 241 

To  wear  badges,  etc 242 

Duties  of  243 

Where  and  how  engine  to  be  driven 244,245 

Use  of  hose  for  private  purposes  forbidden 246' 

Removal  of  property  saved  at  fire 247 

Resisting  or  obstructing  on  duty 248 

Fire  and  water  committee  to  establish  rules,  etc 250 

May  be  removed  by  committee  on  fire  and  water 251 

Fires — 

Persons  subject  to  orders  of  marshal  at 237 

Offenders  may  be  arrested  at 248 

False  alarm,  penalty 504 

Carrying  live  coals 505 

Use  of  lights  in  barns,  etc 506 

Fire  made  on  paved  street,  penalty 507 

Using  so  as  to  endanger  property 508 

In  sheds  or  near  buildings 509 

Burning  out  chimneys,  etc 510 

Boiling  pitch 511 

Burning  shavings,  straw,  etc 512 

Straw,  etc.,  not  to  be  left  near  building,  etc 513 

Stacking  hay,  etc 514 

Ashes,  how  to  be  kept,  etc 515 

Fire  arms,  discharge  of,  exceptions 516 

Fire-works,  bon-fires,  etc.,  prohibited  except  on  4th  of  July  518 

Police  to  enforce  (provisions  in  regard  to 519 

Persons  keeping  powder,  in  case  of  fire 526 

(See  also  Gunpowder.) 

Fire  and  burglar  alarm 1567-1571 

Fire  alarm  and  messenger  service 1577-1581 

Fiscal  Year — (Seo  Finance.) 

Forms — 

Oak  Ridge  Cemetery  deeds 387 

Magistrates  pound  notice 404 

Order  of  sale  of  impounded  animal 408 

Pound  notice 409 

License 580 

Officers  commissions 717 

Fruits — 

License  for  selling.. (19)  549 

Funding  of  Bonded  Indebtedness 1060-1064 

G 

Gambling  and  Gaming — 

Prohibited  in  saloon 610 

Provisions  in  regard  to.  penalty 651-655 


INDEX  TO  ORDINANCES. 


861 


Garbage — Section 

Not  to  be  deposited  in  sewer  or  catch-basin 787 

Left  on  street  or  sidewalk 851 

Removed  by  scavenger 1007 

Where  deposited 1009 

Gas  Company — 

When  under  contract  for  street  lighting 866,867 

Gas  and  Water  Pipes — 

Laying  of,  excavations  for,  etc.,  regulated 792-795 

Gates  at  Railway  Crossings 759-761 

Gilman,  Clinton  and  Springfield  Railroad  Co — 

Right  of  way,  etc.,  and  permit  for  depot  on  Madison 

street  1181-1200 

Grades — 

Engineer  to  make  survey,  keep  plats,  etc 79-82 

Removing  stone  or  stake,  penalty 682 

Railroad  companies  to  raise  or  lower  to  conform  to  tracks..  750 

Horse  or  street  railways,  concerning 769 

Of  sewers 777 

Of  sidewalks,  established,  laying,  etc 804,805 

Excavations  to  be  filled  to  conform  to 828 

Grocery — 

Health  inspector  may  enter  and  examine 293 

Gunpowder — 

Sales  and  keeping  of  regulated 520-526 

H 

Hackmen,  etc. — 

Under  command  of  police  at  depots 188 

License  fee (11)  549 

Must  have  license,  proviso 878 

How  license  obtained 879 

Clerk  to  keep  register,  number  of  license  to  be  placed  on 

vehicle  880 

Must  wear  badge,  clerk  to  furnish 881 

To  have  lights  at  night 882 

Rates  to  be  charged 883 

Cards,  showing  rates,  to  be  posted  in  vehicle 884 

To  remain  with  vehicle  at  depot,  proviso 885 

Refusing  to  carry  passenger,  penalty 886 

Packages  left  in  vehicle  to  be  delivered  at  police  head- 
quarters   887 

Stands  provided  for 897 

No  regular  stand  at  other  places 899 

Subject  to  regulations  at  depots 900 

Police  may(  order  from  stand  or  depot  when,  etc 901 

Halls  and  Theatres ...556-562 

Hawkers — (See  Peddlers.) 

For  Index  to  Laws  see  page  303. 


862 


INDEX  TO  ORDINANCES. 


Hay — Section 

Weighing-,  ton  constituted,  deductions 347 

Dealer  in  not  to  be  city  weigher 353 

Stacking  near  buildings  regulated 514 

Health — Board  of — 

Health  department  established,  who  embraced  in 252 

Board  of  health,  how  appointed 253 

Members  to  qualify,  mayor  to  be  president ,.254,255 

Clerk,  secretary,  monthly  meetings,  rules,  etc 255,256 

General  supervision  of  public  health,  nuisance  abated,  etc..  257 
Orders  certified  by  clerk,  mayor  to  cause  execution  of  orders  258 

Penalty  for  refusing  to  obey  orders  of 259 

May  establish  temporary  hospitals 260 

May  cause  persons  having  contagious  diseases  to  be  re- 
moved outside  of  city 261 

Infected  clothing  to  be  destroyed 202 

Bills,  how  certified,  clerk  to  keep  record 263 

Physicians  to  report  contagious  diseases  to  clerk 264 

Small  pox  notice  to  be  posted 265 

Persons  having  small  pox  not  to  go  on  street 266 

Duty  of  physicians  and  nurses 267 

Penalty  for  bringing  contagious  diseases  into  city 268 

Any  person  selling  diseased  animals,  meats,  or  adulterated 

food  or  provisions,  duty  of  health  officer 269,  270 

Druggists  selling  poisons 271 

May  inspect  slaughter  house,  etc 702 

Health  Inspector — 

Appointment  of,  bond,  compensation 290,291 

Duties  of,  penalty  for  resisting,  etc 292,293 

Notify  owners  of  and  abate  nuisances 692-701 

Notify  owner  when  privy  is  offensive 710 

Persons  throwing  rubbish  in  streets  to  remove 850 

Horse  or  Street  Railroads — 

Not  to  be  constructed  without  consent  of  council 768 

How  to  be  constructed,  penalty. 769,  770 

License  for  cars (13)549,772 

Bight  of  way  on  tracks,  etc 773 

Stopping  of  cars  at  intersections  regulated 774 

When  to  be  run,  number,  letters,  etc 775 

Company  to  pave  track.. 752 

Concerning  sidetracks  and  switches 1436-1438 

(See  also  Street  Railways.) 

Hotels — 

Must  furnish  pure  milk  and  cream 286 

Doors  to  open  outward,  penalty 669 

House  of  Ill-fame 656-661 

House  Numbering 979-981 

Hutchinson  Cemetery,  in  relation  to 1070-1075 

Idiots  and  Lunatics — 

How  cared  for,  etc 982,983 

Illinois  Central  Railroad  Co. — 

Permission  to  cross  7th  and  8th  streets  with  side-tracks.  .1216-1219 


INDEX  TO  ORDINANCES.  863 

Section 

Permit  to  extend  a switch 1220-1223 

Permit  to  construct  two  more  side-tracks 1224 

Permit  to  build  switch  in  Madison  streeet 1225 

Permit  to  construct  side-track  in  Madison  street 1231 

Permit  to  extend  switch  track  in  Madison  street 1238 

Switch  to  connect  with  Capital  Coal  Company’s  works. . .1249,  1250 

Imprisonment 689 

Incorporation  under  General  Law 1057-1059 

Indecency  646-649 

Inspector  of  Weights  and  Measures 355-399 

Insurance  Companies  and  Agents — 

License  fees  of  agents (14)  549 

Accounts  of,  rendered  to  city  clerk (14)  549 

Intoxication,  punishment,  etc 644 

J 

Judgments — 

Executions  may  issue  on 150 

Appeals  from 153 

Junk  Shop  and  Second-hand  Store  Keepers 1013-1024 

Jurors  in  Justice  Courts 204 

Justices  of  the  Peace  and  Police  Magistrates — 

Suits,  how  brought,  procedure,  etc 195-200 

K 

Kerosene*-  Gasoline,  Coal  Oil,  Petroleum,  etc — 

Sale  and  storage  of  regulated 527-537 

Kite  Flying — 

Prohibited  in  certain  places 665 

L 

Labor — 

Eight  hours  a day’s  work 92 

Working' prisoners  on  streets,  provisions  in  regard  to.  ..  .225-229 

Ladders — 

When  owner  of  building  to  provide 493 

Library  and  Reading  Room — 

Established,  directors,  duties  of,  general  provisions,  penal- 
ties, etc  538-542 

Licenses — 

Mayor  may  grant  or  revoke 4 

To  be  issued  by  clerk 20 

Clerk’s  fees 470 

Carrying  on  business  without  license  unlawful 546 

For  Index  to  Laws  see  page  303. 


864 


INDEX  TO  ORDINANCES. 


Section 

Persons  requiring  to  register  with  clerk 547 

Co-partnership,  one  license  for 548 

Amount  fixed  for  occupations  requiring  license 549 

When  due  and  payable,  year  fixed 550 

Penalty  551 

Produce  sold  by  car  lots 563 

Amusements,  circusses  and  shows 552-554 

Halls  and  theatres 554-560 

Railroad  ticket  brokers 570,571 

Posts  and  poles  on  streets  and  alleys 572-577 

Peanut  slot  machines 578 

Itinerant  merchants  564-569 

Application  for  license,  how  made 579 

Form  of  license  580 

Bonds  of  applicants,  conditions  of 581,582 

License  not  longer  than  one  year,  countersigned  by  comp- 
troller   584 

Mayor  to  receive  application,  may  decline  to  grant 583 

Not  transferable  without  consent 585 

Consent  of  mayor  to  assign,  new  bond 586 

Record  of  by  comptroller 587 

Subject  to  all  ordinances,  etc.,  may  be  revoked 588 

To  be  kept  posted  in  place  of  business,  penalty 589 

In  case  of  death  who  may  act  under 590 

Clerk  to  keep  register  of,  monthly  report  to  council  of 591 

Clerk  to  notify  parties  when  expired  592 

Not  delivered  till  fee  paid 593 

Superintendent  of  police  to  examine  register  and  prosecute 

offenders  594 

Collector  of,  appointment,  bond,  duties 595-598 

Retailing  liquor  without  license,  etc ! 597 

Bond  of  retail  liquor  dealer,  etc 600 

May  be  issued  to  plumbers  to  do  plumbing  work 941 

For  exhibiting  lung  tester,  etc 952 

For  scavengers  1008 

Lights — 

In  shops,  etc.,  regulated  496 

In  barns  and  stables 506 

Hackmen  to  have  lighted  lamps  at  night 748 

Arc  lights  at  railroad  crossings 762-767 

Automobiles  and  bicycles 860 

Head  lights  on  street-  cars 862 

Lincoln  Monument  Grounds 1065-1069 

Liquors  and  Liquor  Sellers — 

Selling  without  license,  penalty 599 

How  license  obtained,  fee,  etc 600 

License  may  be  revoked 601 

License  posted  in  place  of  business 602 

Not  to  employ  minors,  or  sell  to  without  consent,  etc 603 

Minors  or  drunkards  not  allowed  in  or  about  saloons 604 

Drinking  to  excess  prohibited 605 

Selling  to  party  after  notice  forbidden,  penalty 606 

Boisterous  conduct,  quarreling,  etc.,  prohibited €07 

Music  in  saloons  forbidden,  etc 608 

When  keeper  may  arrest 609 

Gaming  in  prohibited 610 


INDEX  TO  ORDINANCES.  8(35 

Section 

When  may  be  declared  a disorderly  house 611 

Furnishing  prisoners  with  liquors,  exception 612 

Saloons  open  after  12  o’clock  at  night,  penalty 613 

Not  to  be  open  on  election  days 614 

Ordinance  in  relation  to  the  business  must  be  posted  in 

saloons  615 

Dram  shops  and  saloons  defined 616 

Police  to  enfofce  provisions  of  this  article 617 

Saloon  district,  boundaries 618 

Location  to  be  approved  by  mayor 619 

License  not  to  issue  if  petition  against 620 

Application  to  be  referred  to  council 621 

Wholesale  dealers,  brewers  and  distillers  to  have,  license...  623 

How  obtained,  bond,  etc 624 

Wholesale  dealer  not  to  allow  drinking  in  his  store 625 

Pharmacists  must  have  permits 626 

Fees  for  permits,  bonds,  etc 622,627 

Permit,  how  bbtained 628 

Permit  not  longer  than  one  year 629 

Druggist  not  to  allow  drinking  in  his  store 630 

Mayor  may  revoke  permits 631 

Keeping  saloon  open  on  Sunday,  penalty 687 

Livery  Stables — 

License  for (17)  549 

When  a nuisance 698 

Loafers  and  Loiterers 690 

Locomotives — 

Not  to  stop  on  crossings,  etc 754 

Whistling  in  city,  exceptions 755 

Speed  regulated 756 

Ringing  of  bell  while  running  in  city 757 

Must  have  lights  at  night 757 

Discharging  steam  from  cylinder  cocks  regulated 758 

Lotteries — 

Not  permitted  in  places  of  amusement 559 

Prohibited  654,655 

Lumber  Yards — 

Not  to  be  established  in  fire  limits 484 

Piling,  etc.,  straw  or  shavings  near  to 486 

License  for  keeping (16)  549 

Lung  testers,  doll  rack,  lifting  apparatus,  etc 813 

M 

Malicious  Mischief  673 

Manufactories — 

Buildings  used,  for  fire  escapes,  etc 499 

When  a nuisance 698 

Steam  not  to  be  discharged  into  sewer  from 786 

Market  Street,  Changing  Name  of  to  Capitol  Avenue 1481 


For  Index  to  Laws  see  page  303. 


INDEX  TO  ORDINANCES. 


8 GG 

Mayor—  Section 

Bond,  office,  etc.,  duties 1_7 

Appointment  of  standing  committees 13 

Appointment  of  comptroller 30 

Inspect  comptroller’s  books 34 

May  examine  treasurer’s  books 57 

Member  of  department  of  public  works 73 

Appoint  city  engineer 74 

Require  him  to  make  plans,  etc 76 

Require  him  to  superintend  work 77 

To  advertise  for  bids  for  public  improvement,  open  same, 

award  contracts,  etc 102-104 

To  approve  contracts  and  bonds 107 

May  suspend  work  108 

To  sign  warrants  for  work  when  completed Ill 

May  authorize  appeals 153 

To  appoint  superintendent  of  police 160 

To  appoint  sergeant  of  police 171 

To  appoint  police,  patrolmen  and  patrol  wagon  drivers 175 

Shall  designate  day  and  night  policemen 177 

May  appoint  special  patrolmen 178 

May  appoint  watchman  on  application 194 

Shall  appoint  prison  keeper 213 

To  appoint  fire  marshal 232 

To  appoint  firemen,  how 241 

To  appoint  board  of  health 253 

To  be  president  of  the  board  of  health 255 

To  appoint  health  inspector 290 

To  appoint  city  weigher 343 

To  appoint  inspector  of  weights  and  measures 355 

Shall  appoint  managers  of  Oak  Ridge  Cemetery 378 

To  sign  cemetery  deeds 385 

May  order  muzzling  of  dogs,  when 421 

May  approve  applications  for  permits  for  buildings 490 

Fire  escapes  to  be  located  as  mayor  may  elect 498 

To  sign  permit  for  selling  powder 520 

To  grant  applications  for  licenses 579 

To  approve  bonds  for  licenses 582 

May  decline  to  approve  application  for  license 583 

May  consent  to  transfer  of  license 586 

May  revoke  license,  when 588 

May  revoke  license  of  liquor  seller 597 

To  approve  bond  of  wholesale  dealer 624 

May  grant  permits  to  pharmacists  to  sell  liquor 628 

May  revoke  same 631 

May  remove  officers  of  his  appointing 725 

May  supervise  laying  of  street  railways 771 

To  enforce  provisions  relating  to  sewers 791 

May  give  permit  to  excavate  in  street  827 

May  permit  removal  of  building  along  street 838 

To  inspect  street  lamps  with  committee 865 

Shall  see  that  public  lamps  are  in  good  order 867 

May  give  permit  for  removal  of  lamp 869 

Advertise  for  all  city  supplies 873 

In  connection  with  superintendent  of  police  to  make  rules 

for  drivers  at  depots 900 

No  concert  in  saloon  without  special  permit  from  mayor.  . . . 950 

May  provide  for  idiots  or  lunatics 982 

May  revoke  license  of  pawnbroker 995 

May  approve  bond  of  second-hand  and  junk  dealers 1015 


INDEX  TO  ORDINANCES. 


8G7 


Section 

May  inspect  second-hand  and  junk  dealers’  books 1020 

To  grant  scavengers  license 1007 

Setting  telegraph  and  other  poles  to  be  under  his  direction, 

etc 1027 

Duty  of  in  regard  to  funding  city  bonds 1062 

Meat  Venders — 

Selling  tainted  or  spoiled  meats,  pienalty 269 

License  required  for  selling  meat (28)  549 

Meat  Inspector — 

Must  be  a practical  butcher 333 

Meetings — 

Of  council 8,  10 

Of  standing  committees. 9 

Of  board  of  health 256 

Of  Oak  Ridge  managers 380 

Menageries — 

License  for  554 

Merchandise — 

Not  to  encumber  sidewalk 815,816,817,849 

Milk- 

Selling  adulterated  milk,  police  may  take  samples  of,  etc..  270 

License  for  selling  milk (29)  549 

Board  of  health  to  supervise  dairies 272 

Samples  to  be  taken  by  inspector 274 

Places  whose  store,  inspector  to  enter 274 

Analyzed  and  tested 276 

Cans  and  vessels  inspected 277 

Places  where  kept  and  sold  inspected 277 

Dealers  to  have  license,  fee,  penalty 278 

Private  persons  peddling  by  hiand  excepted 278 

Application  for  license 279 

Vehicle  used  for  carrying 280 

Skimmed  to  be  so  designated 281 

Impure  and  diluted,  penalty  for  selling 282 

Preservatives,  sale  to  be  reported 283 

Quality  fixed 284 

Under  grade,  penalty  for  selling 284 

Cream,  quality  specified 285 

Cream,  penalty  for  selling  impure 285 

Hotels,  boarding  houses,  etc 286 

Minors — 

Employment  of  in  saloons,  selling  liquor  to,  etc 603 

Loitering  about  saloons  forbidden 604 

Gaming  in  saloons  prohibited 611 

Penalty  for  allowing  in  bawdy  house 659 

Pawnbroker  not  to  receive  property  from 924 

Second-hand  or  junk  shops  not  to  purchase  from 1018 

M isdemeanors 632-691 

Month,  How  the  Word  Construed 744 

For  Index  to  Laws  see  page  303. 


868 


INDEX  TO  ORDINANCES. 


Money  Changers — Section 

License  fee (5)  549 

Term  defined 974 

Penalty  for  doing  business  without  license,  proviso 975 

Municipal  Year  for  License  Purposes 550 

N 

Name — 

Unknown  defendant,  how  designated 200 

How  docketed  against  unknown  owner  of  impounded  ani- 
mals   406 

Names  of  Streets — 

To  be  placed  on  lamps 865 

Capitol  Avenue,  name  of 1481 

Changing  names  of  High  and  Wright  streets  to  Douglas 

Avenue  1491 

National  Lincoln  Monument 1065,1066 

Noises,  Disturbances,  Etc — 

Disturbing  the  peace 633 

Penalty  for  disturbing  religious  worship 637 

Notice — 

Special  of  council  meetings 18 

To  officers  for  settlement 38 

To  council  when  appropriation  exhausted 40 

Of  proposals  for  public  work 102 

Superintendent  of  police,  of  nuisances 164 

To  magistrates  and  justices,  to  pay  over 208 

Of  escape  of  prisoner 229 

Of  small-pox,  where  posted 265 

To  user  of  incorrect  weights  or  measures 380 

To  owner  of  impounded  animal 404 

Of  sale  of  impounded  animal 409 

Of  general  or  special  elections 434,435 

To  judges  and  clerks  of  appointment 436 

To  parties  elected  or  appointed 445 

Of  intention  to  contest  election 449 

To  owner  of  building  in  fire  limites,  when  it  is  a nuisance. . 483 

To  put  building  in  safe  condition 497 

To  place  fire  escapes  on  buildings 499 

Concerning  combustibles 514 

Of  gunpowder  in  burning  building 526 

Of  expiration  of  license 592 

To  liquor  dealer  not  to  sell  to  drunkard 606 

To  abate  nuisance 692 

When  livery  stable  a nuisance 698 

To  owner  or  agent  when  building  a nuisance 703,704 

To  owner  when  privy  vault  offensive 709 

To  officer  to  surrender  books  and  papers 724 

To  railroad  company  to  construct  crossing,  culvert  or 

bridge  752 

To  railroad  company  to  place  lights  and  keep  flagmen  at 

crossings  753 

To  abate  sidewalk  nuisance 811 

To  remove  obstructions  from 816 

When  building  encroaches  on  street 837 


INDEX  TO  ORDINANCES.  861) 

Section 

To  remove  obstructions  from  street  or  alley 84ft 

To  contractors  for  street  lamps  to  remedy  defects 867 

Of  assessment  for  water  rates 906 

To  remove  awnings  in  fire  limits,  when 961 

To  remove  awnings  outside  of  fire  limits,  when 963 

To  county  officer  in  regard  to  idiots  and  lunatics,  etc 982,  983 

To  remove  barbed  wire  fences 998 

N uisances — 

Superintendent  of  police  take  notice  of 164 

Board  of  health  to  have  abated 257 

Health  inspector  to  remove 292 

Penalty  for  neglect  to  abate 294: 

Cemetery,  when  declared  a nuisance 366 

Dogs  running  at  large,  when 418 

Wooden  buildings  in  fire  limits,  when 483 

When  buildings  or  premises  declared  to  be  nuisances • 692 

Weeds  growing  on  lot  along  street 697 

Pig  pens,  stables,  foul  matter,  stagnant  water,  etc 693-698 

Stock  yards 699 

Slaughtering  and  packing  houses,  when 700 

Bone  and  soap  factories,  when 701 

Board  of  health  to  inspect  slaughter  houses,  etc 702 

When  building  a nuisance,  how  abated 703,704 

Scaffolds  when  dangerous 705 

Bill  boards  may  be,  penalty 706,707 

Privies,  -when  deemed  nuisances 708,709 

When  privy  vaults  may  be  emptied 710 

Nuisances  not  defined,  penalty  for  creating,  etc..... 711 

Sidewalk,  when  a nuisance 712 

Snow  on  sidewalk,  failure  to  remove 823 

When  awnings  declared  to  be 961 

Nurse  or  Physician  Attending  Small-pox  Patient 267 

O 

Oak  Ridge  Cemetery — 

Grounds  described,  acres  contained  in 376 

Plat  of,  how  may  be  changed 377 

Managers  appointed  annually,  how  qualified 378,379 

Meetings  of  board,  organization,  officers,  rules,  etc 380 

Board  to  have  control,  employ  labor,  etc... 381 

Appraisal  of  lots,  etc.,  how  made 382 

Expending  receipts,  when  consent  required 383 

City  clerk  to  keep  plats  and  records 384 

Application  for  lots,  etc.,  manner  of  purchase 385 

Clerk  and  treasurer  to  keep  accounts 386 

Form  of  deed 387 

Grounds  set  apart  for  different  purposes,  improvements,  etc.  388 

Superintendent,  how  appointed,  compensation  of 389 

Duties  and  powers  of  superintendent 390 

Superintendent  to  keep  plat  and  list  of  lots  sold 391 

Interments,  how  made,  monthly  reports ....392,393 

Superintendent  to  reside  at  cemetery,  etc 394 

Penalty  for  neglect  of  duty  by  superintendent 395 

To  deliver  up  maps,  records,  etc.,  to  successor 396 

For  Index  to  Laws  see  page  303. 


870  INDEX  TO  ORDINANCES. 

Section 

Fines  and  penalties  collected,  how  disposed  of 397 

Lincoln  Monument  grounds 1065-1069 

Oath,  The  Word  Defined 744 

Obscenity — 

Obscene  language  in  public 645 

Selling  or  advertising  for  sale  obscene  books,  etc 648 

Obscene  plays,  etc 649 

Offal— 

Of  tannery,  soap  factory,  etc.,  rendering  of 701 

Depositing  in  sewer,  penalty  for 787 

Not  to  be  thrown  in  river  near  wiater  works 913 

Penalty  if,  thrown  in  reservoir 915 

Offenses — 

Affecting  public  peace  quiet 632-643 

Affecting  public  morals  and  decency 634-661 

Affecting  public  safety  and  convenience , ..662-669 

Concerning  public  and  private  property 673-682 

Concerning  Sunday 683-688 

Relating  to  vagrants  and  paupers 689-691 

Officers — 

Mayor  to  supervise  conduct  of,  and  -appoint 5,6 

To  make  monthly  report  to  comptroller 38 

To  make  statement  of  condition  of  department  to  comp- 
troller  48 

Who  not  eligible  to  office 712 

Oath  and  bond  of 713-715 

To  be  commissioned 716 

Form  of  commission 717 

To  make  report,  furnish  information,  etc 718 

Liable  for  negligence 719 

When  office  becomes  vacant 720 

Absent  without  leave 721 

Not  to  be  interested  in  city  contracts 722 

Pretending  to  be  an  officer 723 

To  deliver  to  successor  all  property 724 

Mayor  may  remove 725 

No  salary  after  removal 726 

Charges  against,  action  of  council 727 

Investigation  of  charges  against 728 

Malfeasance  of,  neglect  of  duty,  etc 729 

Ohio  and  Mississsippi  Railroad — 

Side-traks  on  Madison  street 1240-1244 

Side-traks,  etc.,  on  other  streets 1245-1248 

Permit  to  construct  and  operate 1253-1264 

Oil- 

Amount  to  be  stored,  where,  how,  etc 527,528 

Further  provisions  in  regard  to 529-537 

Oil  Inspectoi — 

Appointment,  bond,  duties,  fees,  etc :... 730-733 


Omnibuses — (See  Vehicles.) 


' INDEX  TO  ORDINANCES.  871 

Ordinances — Section 

City  attorney  to  draw  ordinances  when  required,  etc 149 

To  be  recorded  in  ordinance  book 734 

Clerk  to  retain  originals 735 

Making  appropriations,  etc.,  to  be.  published ’ 736 

Memorandum  at  foot  of  record 737 

When  to  take  effect 738 

Revised  ordinances  deposited  with  clerk,  who  entitled  to 

copies  of,  etc  739 

Repealed,  to  continue  in  force  until,  etc 740 

Repeal  or  modification  of,  saving  provision 741 

Construction  of  singular  and  plural,  etc 742 

When  provisions  conflict,  how  construed 743 

The  words  “court,”  “month,”  “oath,”  etc.,  construed 744 

Meaning  of  “reasonable  time  or  notice” 745 

Power  of  mayor  extends  to  mayor  pro  tern 746 

When  different  penalties  provided,  how  to  proceed 747 

Pines  not  to  exceed  $200 748 

General  terms  and  phrases  liberally  construed 749 

General  penalty  for  violation  of  ordinances 1051 

General  ordinances  repealed  when  in  conflict 1052 

Special  ordinances  not  repealed  unless  repugnant,  etc 1053 

Time  of  passage 1054 

Adopting  Article  IX.  of  general  incorporation  act 1055 

Ordinaries — 

License  for (18)  549 

What  declared  to  be 984 

Conducting  without  license 985 

In  connection  with  dram  shop,  to  be  closed  on  Sunday 986 

P 

Packing  Houses — 

How  and  where  established,  inspected,  etc 700-702 

Pana,  Springfield  & Northwestern  R.  R.  Co 1178 

Park  Commissioners  Appointed : 1148 

Partition  and  Barbwire  Fences 996-998 

Paupers — 

Bringing  to  city  or  leaving  in 691 

Pawnbrokers — 

License ..(25)  549 

Word  defined 937 

Acting  without  license 988 

License,  how  obtained,  etc 989 

To  keep  book  for  entry  of  loans 990 

To  give  memorandum  of  entry  to  parties  pawning  goods.  . . 991 

Books  and  articles  subject  to  inspection,  penalty 991,992 

Not  to  receive  property  from  minor,  intoxicated  person  or 

known  thief 994 

License  may  be  revoked 996 

Peddlers — 

License (12)549,  999 

Period  of  license 1000 

For  Index  to  Laws  see  page  303. 


1M)1:.\  TO  ORDINANCES. 


Section 

Pack  peddlers  and  corner  vendors 1000 

Penalty  for  violation 1001 

Penalties — (See  Fines  and  Penalties.) 

Physicians — 

Failing  to  report  contagious  diseases 264 

Change  of  clothing  required,  when 267 

To  sign  certificate  of  death 373 

Pitch — Boiling  of  Regulated 511 

Plats— 

Engineer  to  keep  plats  of  streets,  grades,  etc 82 

Of  sewerage  districts 784 

Pleasure  Driveway  and  Park  District 1153,1155,1157 

Plumbers — (See  Water  Works.) 

Rules  regulating  their  work,  etc 921-942 

Plumbing,  Drain  Laying,  etc. — 

Board  of  health  charged  with  supervision 298 

Supervisor  of,  appointment,  to  be  sanitary  inspector 299 

Inspector’s  bond,  salary 300 

Duties  of  inspector , 301 

Fees  for  inspection  of 301 

Plumbers  to  register  with  sanitary  inspector 302 

Certificates  of  registration 303 

Inspection  fees  to  be  deposited 304 

Permits  for  connections  with  water  main,  etc 305 

Defined 306 

Main  drain  of  houses  to  connect  with  sewer 307 

Size  of  drain  308 

Cellar  drains,  how  constructed 309 

Catch  basins  and  cast  iron  traps 310 

Arrangement  of  pipes 311 

Vertical  soil  pipes  to  extend  above  roof 312 

Horizontal  soil  pipes  to  be  ventilated 313 

Main  soil  drain 314 

All  sinks,  etc.,  to  be  trapped 315 

Sheet  metal  and  earthen  pipes  not  to  be  used 316 

Pipes  to  be  sound,  weight 317 

Pipes  to  be  tested;  defective  pipes 318 

Safes  to  be  drained 319 

Water  closets  to  be  ventilated 320 

Steam  pipes  not  to  connect  with  sewer 321 

Waste  pipes  not  to  discharge  in  street  or  alley 322 

Catch  basin  not  allowed  in  building 323 

Lead  bends  or  traps  for  water  closets 324 

Waste  pipes  from,  wash  basins 325 

Connections  of  lead  pipes  to  be  wiped 326 

Lead  waste  pipes;  weight 327 

Sanitary  inspector  to  enter  premises 328 

Permit  to  make  connections  of  water  pipes 329 

Penalty  for  violation 330 

Plumbers  responsible  for  acts  of  employes 331 

Board  of  health  to  enforce 332 

Permit  for  connection  with  steam  mains 796 

To  prevent  escape  of  steam  into  sewers 797 

Plumber  to  report  radiation,  etc 798 


INDEX  TO  ORDINANCES. 


873 


Section 

Discharge  pipes  in  sewers 799 

Change  in  surface  radiation 800 

Penalty  for  violation  801 

Poisons — 

Sale  of  regulated 271 

Police  Department — 

Of  whom  composed,  establishment  of,  etc 158 

Sergeant,  when  and  how  appointed 170,171 

Bond  of  sergeant 172 

Secretary  of  department,  other  duties 173 

When  to  act  as  superintendent 174 

Patrolmen,  when  appointed 175 

Oath  of,  bond 176 

How  assigned  to  duty 177 

Special  policeman,  how  appointed 178 

General  duties  of  police ...179-183 

Refusing  to  aid  police  when  requested 183 

Police  to  aid  fire  department 184 

Penalty  for  non-performance  of  duty 185 

Resisting  or  obstructing  an  officer 186 

Impersonating  officer  falsely 187 

Draymen,  hackmen,  etc.,  to  obey 188 

Patrol  driver’s  duties 189 

To  be  uniformed 190 

Of  what  uniform  to  consist 190 

Supplied  with  star  or  badge 191 

Star  and  badge  to  be  delivered  to  superintendent,  when,  etc. . 192 

Any  member  may  receive  salary  when  disabled 193 

Watchman  for  railroad,  duty,  etc 194 

Complaint  before  magistrate 196 

Take  recognizance  of  persons  arrested 202 

Attend  as  witness,  furnish  list,  etc 205 

Report  collections  on  executions „ 210 

Deliver  persons  to  prison  keeper 215 

Duty  of  at  fires 248 

Enforce  health  provisions 270 

Assist  health  inspector 296 

Mayor  may  designate  policeman  as  health  inspector 297 

Take  up  animals  running  at  large 399 

May  destroy  dogs 418 

Preserve  order  at  elections 447 

To  report  street  lamps  -not  burning 135 

To  report  condition  of  poles  and  wires 1033 

Fees  allowed,  paid  into  treasury 463 

Enforce  ordinances  relating  to  fires 519 

Enforce  ordinances  relating  to  licenses 594 

Enforce  ordinances  relating  to  liquor  dealers 616 

Wearing  star  without  authority,  penalty 423 

Giving  notice  to  remove  obstructions  from  sidewalk 816 

Order  streets  cleared  of  teams,  etc 846 

May  order  vehicles  from  public  stand,  when 901 

May  give  orders  to  remove  unlawful  signs,  etc 1023 

Police  Magistrates 195-209 

(See  Justices  of  Peace.) 

For  Index  to  Laws  see  page  303. 


874  INDEX  TO  ORDINANCES. 

Porters  and  Runners — Section 

License  for  (24)  549 

Bond,  penalty,  etc.. 1002-1005 

Postal  Telegraph  Company 1572-1576 

Privies — 

Health  inspector  to  have  cleansed 293 

Construction  of  regulated,  penalties,  etc 708-710 

Prostitutes,  Street  Walkers,  etc 689 

Providence  Gas  Company 1136,1144 

Public  Buildings — 

Doors  to  open  outward,  penalty 669 

Public  Library — appropriation  for 1160 

Public  Park — 

Formerly  Hutchinson  cemetery 1070-1075 

Public  Peace  and  Quiet — 

Offenses  affecting  | 632-643 

Public  Morals  and  Decency — 

Offenses  against 535-661 

Public  Safety  and  Convenience — 

Offenses  affecting 662-669 

Public  and  Private  Property — 

Offenses  concerning 673-682 

Public  Works,  Department  of 72 

(See  Contracts  For.) 

Q 

Quorum  of  Council 11 

R 

Railroads — 

To  grade  tracks,  repair  drains,  culverts,  etc 750-752 

Keep  lights  and  flagman  at  crossings 753 

Not  to  obstruct  street,  alley,  etc.,  with  cars,  etc 754 

Whistling  in  city  prohibited,  exceptions 755 

Speed  of  running  trains  in  city 756 

Engine  bell  to  be  rung  continually,  when,  etc 757 

Discharging  steam  from  cylinder  cocks,  etc.,  penalty 758 

Keep  gates  at  crossings 759-761 

Maintain  arc  lights  at  street  crossings 762-767 

Alton  & Sangamon  R.  R.  (now  C.  & A.) 1164 

Chicago  & Alton,  grade  of  track  on  part  of  3d  street 1166 

Pana,  Springfield  & Northwestern  R.  R 1178 

Springfield  & Decatur  R.  R 1285 

Springfield  & 111.  Southeastern  R.  R 1179-1180 

Springfield  & Illinois  Southeastern,  Gilman,  Clinton  & 

Springfield  and  Springfield  & Northwestern  Railroads..  1181 
Springfield  & 111.  Southeastern  and  Springfield  and  St. 

Louis  Railroads 1201 


INDEX  TO  ORDINANCES.  875 

Section 

Chicago,  Peoria  & St.  Louis  Railway  Company,  right  of 

way  over  certain  streets 1211 

Illinois  Central  R.  R 1216 

Illinois  Central  R.  R 1220-1224 

St.  Louis  & Chicago  R.  R 1265 

Ohio  & Mississippi  R.  R 1240-1248,1253 

St.  Louis,  Alton  & Springfield  R.  R.  1273 

(See  also  Street  Railroads.) 

Rates  of  Fare — 

Carrying  passengers,  regulated 883 

Goods  and  merchandise * 893 

Religious  Assemblies — 

Penalty  for  disturbing 637 

Disturbing  on  Sunday 683 

Reports — 

Of . committees  of  council 14,15 

Reports  of  comptroller 46,  47 

Treasurer  58,  59 

Finance  committee  to  examine 71 

Of  city  engineer 84 

Of  superintendent  of  streets 96 

Of  city  attorney 154 

Of  superintendent  of  police 165,  420,  468 

Of  magistrates  and  justices 207 

Of  iprison  keeper 218 

Of  fire  marshal 238 

Of  city  weigher 350 

Of  inspector  of  weights  and  measures 361 

Of  city  clerk 374,471,591 

Of  insurance  companies'  agents 549 

Reval  Street  Changed  to  Pasfield  Street 1482% 

Revised  Ordinances — 

To  be  deposited  with  clerk 739 

Riotous  Conduct — 

Penalty  for  riotous  conduct 639 

S 

Saloon  District — 

Boundaries  618 

Location  to  be  approved  by  mayor 619 

License,  outside  619 

Petition  against  saloon 620 

Council  to  act 621 

Fee  for  application  622 

Saloons — 

(See  Liquor  Sellers.) 

Sanitary  Inspector — 

To  be  provided  with  apparatus  and  supplies 273 

To  collect  samples  of  milk  and  cream 274 

May  enter  places  where  milk  is  stored 274 

For  Index  to  Laws  see  page  303. 


INDEX  TO  ORDINANCES. 


876 

Section 

Samples  to  be  analyzed  and  tested 275,276 

Milk  must  meet  requirements,  penalty 275 

To  inspect  cans,  vessels,  etc 277 

Milk  preservatives,  sale  to  be  reported 286 

Cows  to  be  tested  for  tuberculosis 287 

Owners  of  cows  to  file  certificate 287 

Unlawful  to  sell  milk  without  certificate 288 

Penalty  286 

Mayor  to  appoint 299 

Supervisor  of  -tplumbing 299 

Bond,  salary,  etc 300- 

To  examine  plans  for  plumbing 301 

Imperfect  work,  to  report  to  board  of  health 301 

To  approve  plans  for  plumbing 302 

Certificates  of  registration  of  plumbers 308 

To  supervise  certificates 303 

To  make  inspection  of  plumbing 304 

Fees  for  inspection  deposited  with 304 

Drain  laying  permits 305 

Drain  laying  defined 306 

To  test  pipes  and  plumbing 318 

Bight  to  enter  premises 328 

Scaffolds  705 

Sea  les — 

License  fee  for  (See  also  City  Weigher) (15)  549 

Freitag’s  scales  in  alley,  permit  to  erect 1506 

Scavengei — 

Business  of  regulated 1006-1012 

Scuttles — 

When  owner  of  building  to  provide 493 

Seal — (See  Corporate  Seal) 977-978 

Second  Hand  and  Junk  Store  Keepers — 

License  for  (21),  (22)  549 

Business  of  regulated 1013-1021 

Secretary  of  police  department,  sergeant  to  act  as 173 

Service  Boxes — 

Of  gas  companies,  penalty  for  injury  to 679 

Sewers  and  Drains — 

How  to  be  constructed 777 

Openings  and  inlets  to 781 

Laid  in  center  of  street 782 

Private  property,  how  to  toe  drained,  lateral  sewers  regu- 
lated   783 

Engineer  to  keep  maps  of 784 

Connections  not  to  be  made  without  consent 785 

Not  to  be  used  for  carrying  off  steam 786 

Throwing  garbage  or  offal  into,  penalty  for 787 

Obstructing  or  injuring,  penalty  for 788 

Natural  drain  not  to  be  filled  or  changed 789 

Engineer  to  make  surveys  of  natural  drain 790 

How  sewers  outside  city  may  be  connected 791 

Sheds — 

Inside  of  fire  limits,  construction  of  regulated 479 


INDEX  TO  ORDINANCES.  877 

Show  Bills — Section 

Posting-  on  buildings  without  consent,  penalty 676 

Sidewalks — 

Width  regulated 802 

Area  on  unpaved  streets 802 

How  grade  of  established 804 

Where  no  grade  established,  penalty  for  laying 805 

To  be  of  stone  or  brick  or  concrete 806 

Superintendent  of  streets  to  supervise,  curbing,  etc 807 

Railing  off  or  lowering,  entrance  to  cellar,  etc 808 

To  be  built  to  established  width,  glass,  etc.,  in 800 

Construction  of  vaults  or  coal  holes  under 81ft 

Out  of  repair,  when  a nuisance 811 

Owner  of  lot  to  repair,  liable  for  damages,  etc 812 

Construction  of  steps,  stairways,  cellar  doors,  etc.,  regulated  812 

Entrances  to  cellars  to'  have  iron  doors 814 

Goods  and  merchandise  extending  more  than  three  feet  on.  . 815 

Not  to  be  obstructed  in  receiving  or  delivering  goods 816 

Fish,  fruit  and  vegetables  to  be  on  benches 817 

Leaving  team  so  as  to  obstruct 818 

Water  from  roof  not  to  spread  over 812 

itings  for  hitching  placed  in  curbing 820 

Riding  or  driving  over,  penalty 821 

Bicycles  prohibited 822 

Snow  to  be  removed,  when  deemed  a nuisance 822 

Spitting  on,  prohibited 822% 

Relating  to  curb-stones  of 824-826 

Signs — 

Removing  or  injuring,  penalty  for 674 

Projecting  more  than  3 feet  over  sidewalk 1022 

Constructing  and  placing  of,  regulated 1028 

Erection  of  barber  poles,  regulated. 1024 

Slaughter  Houses — 

(See  Packing  Houses) 700,702 

Small-Pox  : 265-268 

Soap  Factories — 

Provisions  in  regard  to.  .» 701 

Ordinance  in  relation  to  Zwickey  Bros *. . . . 1552 

Special  Assessments — 

At  sale  for,  comptroller  may  bid 44 

Provisions  in  regard  to 60-68 

Contracts  to  be  paid  for,  by,  proviso 100 

Special  Bail — 

How  taken,  etc.... 202-208 

Springfield  & Decatur  R.  R. — 

Permit  to  lay  track  across  Eleventh  street 1285 

Springfield  & Illinois  Southeastern  R.  R. — 

Right  of  way  in  certain  streets ..  1179 

Right  of  way  on  Madison  street,  etc 1181 

Permission  to  use  depot  on  Madison  street 1197 

For  Index  to  Laws  see  page  303. 

y 


678 


INDEX  TO  ORDINANCES. 


Section 

Springfield  & Illinois  Southeastern  and  Springfield  and  St. 

Louis  R.  R. — 

Right  of  way  on  part  of  E.  Grand  avenue 1201 

Springfield  City  Railway  Company 1291,  1314,  1326,  1337,  1439,  1443 

Springfield  Consolidated  Railway  Company 1454,1458,1470,1481 

Springfield  Gas  Light  Company 1132 

Springfield  Hot  Water  Heating  Company — 

Use  of  streets  for  laying  pipes 1122 

Springfield  Iron  Company — 

Right  to  construct  switch,  etc 1289 

Springfield  Steam  Supply  & Electric  Light  Company — 

Use  of  streets  for  laying  pipes,  wires,  etc 1076 

Stables — 

Use  of  lights  in  regulated 506 

Livery  stable,  when  a nuisance 698 

Star — 

To  be  worn  by  police 190 

To  be  delivered  to  superintendent  of  police  at  end  of  term.  . 192 

Steam  Service — (See  Plumbing.) 

Steam  Works  in  Fire  Limits 501-503 

Stock  Yards — (See  Nuisances.) 

Stones — 

Throwing  of  in  public  places  forbidden 640 

Not  to  be  thrown  in  street 675 

Stoves  and  Stove  Pipes — 

Setting  and  use  of  regulated 495 

Straw — 

Stacking  of  regulated 514 

To  be  hauled  on  racks 852 

Streets  and  Alleys — 

Engineer’s  duty  in  relation  to 79,  80 

Surplus  earth  from,  not  to  be  disposed  of 110 

Prisoners  may  be  worked  on 225 

Making  fire  on  paved  street,  penalty 507 

Speed  of  driving  on  regulated 662 

Meeting  of  persons  riding  or  driving  regulated 664 

Removal  of  corner  stone  or  stake,  penalty 682 

Stopping  of  street  cars  regulated 774 

Constructing  sewers  in 782 

Gas  and  water  pipes  in 793 

Excavations  in,  regulated 827,  828 

Contractor  to  protect  with  light,  etc.,  at  night 829 

Red  light  to  be  placed  on 830 

Removing  earth  from,  penalty  for 831 

Buildings,  bridges,  etc.,  not  to  extend  over 832 

Buildings,  etc.,  to  be  erected  on  proper  line 833 

Contractors  not  to  obstruct  without  permit 834 

Persons  building  on,  to  give  bond,  etc 835 


INDEX  TO  ORDINANCES.  879 

Section 

Market,  name  changed  to  Capitol  avenue 1481 

Third,  part  vacated  1483 

Reval,  name  changed  to  Pasfield 1482% 

New  (or  rear)  Market,  part  east  end  vacated 1484 

High  and  Wright,  names  changed  to  Douglas 1491 

Taylor,  part  vacated 1493 

Division  and  Eleventh,  part  vacated 1494 

Grimsley  avenue  1501 

Mason,  exchange  of  property  for  extension 1510 

Mason,  extension 1510 

Miller,  widening  and  extending 1513 

Mason  alley,  widening  and  extending 1519 

Fourth,  widening 1525 

Eleventh,  opening,  widening  and  extending 1531 

Madison,  A.  L.  Ide  & Sons,  permit  to  connect  shops  across.  . . 1541 

Cedar,  opening,  widening  and  extending 1552 

(See  Vacation  of  Streets  and  Alleys.) 

Buildings  encroaching  on  not  to  be  rebuilt  or  repaired 836 

Penalty  for  neglect  to  remove  such  building,  etc 837 

No  building  to  be  moved  through  street,  etc.,  without  permit  S38 

Placing  obstructions  on,  penalty 839,840 

Driving  cattle  or  hogs  on  paved  streets  forbidden 841 

Width  of  tires  on  vehicles  regulated 842 

Leaving  teams  before  private  houses  on 843 

Unhitching  and  leaving  on  paved  streets  unlawful 844 

Obstructing  crossings 845 

When  obstructed,  police  to  clear 846 

Owners  of  adjacent  lots  to  keep  alleys  clean 847 

Cellars,  vaults,  etc.,  not  to  be  left  open,  liability 848 

Obstructed  by  goods,  ashes,  etc 849,850 

Throwing  paper  in  street,  forbidden 851 

Hauling  straw  regulated 852 

Hauling  garbage,  etc.,  through,  penalty  for  scattering  on.  . 853 

Streets — 

Not  to  open  without  permit 854 

Application  to  city  engineer 854 

Fee  for  permit  to  open 855 

Old  material  to  be  preserved 856 

City  engineer  to  supervise  opening 857 

City  engineer  to  report,  etc 859 

Penalty  for  violating 853 

Automobiles  and  bicycles  regulated 860 

Names  to  be  placed  on  lamps 865 

Vehicles  not  to  stop  on,  except  at  public  stand 899 

Barbed  wire  fences  on,  prohibited 997,998 

Telegraph  and  other  poles,  how  set  in 1026,1027 

Planting  trees  on 1037 

Market  street  changed  to  Capitol  Avenue •. 1481 

Wright  and  High  streets  changed  to  Douglas  Avenue 1491 

Permit  to  bridge  alley  between  4th  and  5th  streets,  near 

Madison  1503 

Street  Lights — 

Breaking  or  defacing  lamps  or  posts,  etc 677 

Climbing  upon  or  fastening  horses  to,  etc 678 

City  council  to  order  erection  and  location  of 864 

For  Index  to  Laws  see  page  303. 


880 


INDEX  TO  ORDINANCES. 


Section 

To  be  inspected  and  names  of  streets  (placed  on 865 

When  to  be  lighted,  to  be  kept  clean,  etc... 866 

Duty  of  mayor  and  committee,  contractors’  liability 867 

Annual  appropriation  for 868 

Removing  without  authority 869 

Lighting,  extinguishing,  etc 870 

Postoffice  boxes  may  be  attached,  etc.,  breaking,  defacing. . 871 

Contractor  to  have  copy  of  this  chapter 872 

Automobiles  and  bicycles  to  have  lights 860 

Head  lights  on  street  cars 862 

Street  Parades 670-672 

Street  Railways — 

Springfield  City  Railway  Company 

1291,  1314,  1316,  1326,  1337,  1439,  1443 

Springfield  Horse  Railway  Company 1298 

Capital  Horse  Railway... 1307 

Citizens’  Street  Railway 1348,1367,1372,1384,1389,1395 

Peoples’  Electric  Gas  Motor  and  Horse  Railway 1405 

Peoples’  Electric  Railway  Company,  relinquishment  of  part 

of  right  of  way 1417 

Peoples’  Electric  Railway  Company,  removal  of  switch....  1418 

Peoples’  Electric  Railway  Company 1420 

Peoples’  Electric  Railway  Company 1432 

Relating  to  any  and  all  street  railroads 1436 

Springfield  City  Railway 1139,1143 

Springfield  Consolidated  Railway 1154, 1158,  1170,  1481 

Sunday — 

Provisions  referring  to 683-688 

Supplies  for  City — 

How  furnished 873-877 

Superintendent  of  Police — 

A member  of  police  department 158 

Term  of  office 159 

How  and  when  appointed 160 

Oath  and  bond 161 

Subordinate  to  mayor,  to  control  department 162 

Shall  devote  entire  time  to  duties  of  his  office 163 

To  take  notice  of  nuisances  and  defective  streets,  etc 164 

To  report  and  suspend  members  pending  investigation 165 

To  attend  council  meetings,  execute  orders,  etc 166 

To  cause  records  of  department  to  be  kept 167 

To  make  monthly  reports  to  council 168 

Custodian  of  records  and  property,  surrender  of  same 169 

To  wear  uniform 190 

Patrolmen  to  deliver  star  and  badge  to  him  when  retiring.  . 192 

To  make  arrests  at  fires 248 

To  be  a member  of  health  department 252 

To  execute  orders  of  same 258 

To  take  up  and  impound  animals 399 

May  appoint  deputy,  assistant,  etc 401 

To  provide  food,  etc.,  for  animals  in  pound 402 

To  give  notice  and  Sell  animals 409-411 

To  keep  record  of  animals  sold,  report,  etc 412 

To  pay  surplus  of  sale  to  owner,  when 413 


INDEX  TO  OKD1NANCES. 


881 


Section 

Penalty  for  resisting-  superintendent  taking  up  animals, 

breaking  in  pound,  etc 414 

To  receive  dog  tax,  impound,  destroy,  etc 417-419 

To  report  to  council  tax  collected  and  dogs  destroyed 420 

Fees  of  superintendent,  report  of  fees  semi-annually 465-468 

To  remove  buildings  in  fire  limits  when  ordered 483 

To  serve  notice  to  erect  fire  escapes 499 

To  have  buildings  removed  when  a nuisance 704 

To  have  buildings  removed  encroaching  on  streets 837 

To  remove  dangerous  awnings,  etc 961 

Superintendent  of  Streets — 

To  be  a member  of  department  of  public  works 72 

Appointed  by  the  mayor 86 

Bond  and  oath 8T 

To  have  charge  of  street  improvement,  cleaning,  repairing, 

etc  88 

To  enforce  ordinances  relating  to  streets  and  alleys 89 

To  examine  sewers,  culverts,  bridges,  etc.,  and  report 90 

To  employ  labor,  teams,  etc.,  supervise  sewers,  etc 91 

Eight  hours  to  be  a day’s  work 92 

To  procure  implements,  etc.,  have  same  marked 93 

To  keep  list  of  tools,  etc.,  and  deliver  to  successor 94 

To  keep  accounts,  examine  contractors’  accounts,  etc 95 

To  make  report  of  expenditures  monthly  by  wards 96 

To  construct  culverts,  crosswalks,  bridges,  etc 97,98 

To  compel  male  offenders  to  labor  on  streets 225,226 

Persons  refusing  to  labor  recommitted,  may  attach  ball  and 

chain  227 

To  report  labor  of  prisoners  to  council 229 

To  serve  notice  on  railroad  company  to  raise  or  lower  tracks, 

build  crossings,  etc 750,751 

To  notify  railroad  companies  to  station  flagmen 753 

To  superintend  construction  of  sidewalks 807 

To  superintend  construction  of  vaults  and  coal  holes,  etc..  810 

To  notify  owner  to  repair  defective  walks 811 

To  abate  nuisance  of  defective  sidewalk 812 

May  give  permission  to  make  excavation  in  streets 827 

To  notify  owners  of  buildings  encroaching  on  street 837 

To  notify  parties  to  remove  obstructions  from  streets,  etc. . 849 

May  designate  dumping  grounds  for  scavengers 1009 

To  cut  down  trees  improperly  planted  on  street 1037 

To  notify  owner  of  trees  to  have  them  trimmed 1040 

Switches  and  Side-tracks 1436 


Tallow  Chandlery — 

Unlawful  within  one  mile  of  city  limits 701 

Not  to  be  on  river,  near  water  works 913 

Tanneries — 

Prohibited 701 

Not  to  be  on  river,  near  water  works 913. 

Tai — 

Boiling  of,  regulated 51L 

For  Index  to  Laws  see  page  303. 


■882 


INDEX  TO  ORDINANCES. 


Telegraphs  and  Telephones—  Section 

Setting  of  poles,  height  and  construction  of  wires 1025 

Inspection  of  wires  and  poles 1033 

Central  Union  Telephone  Co 1561 

Fire  and  burglar  alarm,  A.  Schuchman  et  al 1567 

Postal  Telegraph  Co 1572 

Police,  Fire  Alarm  and  District  Messenger  Service 1577 

Telephone  system — John  McCreery  et  al 1582 

American  Telephone  and  Telegraph  Co 1592 

Telephone  and  telegraph  system — Thos.  W.  Wilson  et  al.  . 1599 

Illinois  District  Telegraph  Co 1606 

H.  H.  Evans  et  al.,  system  of  telephones 1611 

Theatres,  etc . 556-562 

Territory  Disconnected  from  City 1559 

Town  Branch — 

Fixing  channel  through  Bullock’s  addition 1622 

T rees — 

Injuring  or  removing  penalty 674 

Planting,  trimming,  etc.,  to  be  done  under  supervision  of 

superintendent  of  streets 1037-1042 

Companies  cutting  or  injuring 1041 

Penalty  1042 

U 

Unlawful  Assembly 635 

Unwholesome  Provisions 269 

V 

/ 

Vacation  of  Streets  and  Alleys — 

Third,  part  in  Allen’s  addition . 1483 

New  (or  rear)  Market,  part  east  end 1484 

Cass  and  Kansas,  in  Barret’s  addition 1485 

Taylor,  part  1493 

Division  and  Eleventh,  parts 1494 

Grimsley  avenue  1501 

Alley  in  Charles  Ridgely’s  addition 1489 

Alley,  vacating  and  changing,  in  block  11,  Allen’s  addition.  . 1496 

Alley,  part  in  James  Brown’s  addition 1498 

Alley  rear  South  Second  street 1500 

Alley  in  block  1,  Ninian  Edwards’  addition 1536 

Alley  in  block  1,  Ninian  Edwards’  addition,  dedication....  1539 

Alley  in  block  1,  A.  M.  Bradford’s  addition 1543 

Alley  in  block  18,  original  town  plat 1545 

Alley,  from  Adams’  College  addition  to  Division  street,  open- 
ing, etc 1547 

Vagrants  689 

Vaults  and  Coal  Holes  Under  Sidewalks 809 

Vegetables — 

Decayed  or  unwholesome,  penalty  for  selling 270 

Vehicles — 

License  fee  fixed (11)  549 

Collisions  of  662 


INDEX  TO  ORDINANCES. 


883 


Section 

Turn  to  right  when  meeting 664 

To  have  designated  stands  at  depots 888 

Penalty  for  violation 889 

Driver  to  use  only  regular  or  public  stands  for  vehicle 681 

Being  or  standing  on  sidewalks,  penalty 821 

Width  of  tires  842 

Not  to  be  left  before  dwellings  without  consent 843 

Not  to  be  left  on  paved  streets,  proviso 844 

Obstructing  crossings 845 

Carrying  passengers  without  license 878 

Rates  of  fare  allowed,  must  be  posted  in  vehicle 883,884 

Drivers  to  remain  with  vehicle 885 

Driver  refusing  to  carry  any  one 886 

Baggage  left  in  vehicle 887 

Omnibuses  at  depots,  stands 888,889 

Transporting  goods  without  license 890 

License  to  be  obtained  and  number  placed  on  vehicle 891,892 

Rates  for  carrying  goods 893 

Driver  charging  more  than  allowed  by  ordinance,  penalty.  ... 896 
Location  of  public  stands,  superintendent  of  police  to  desig- 
nate   897,893 

Standing  elsewhere  than  designated,  penalty 899 

Regulations  at  depots  described 900 

Powers  of  police  over 901 

(See  also  Hacks,  Drays,  Carts  and  Wagons.) 

Vote  of  Council — 

On  contract  without  advertising,  two-thirds  vote  required.  . 100- 

On  contested  election  of  alderman 453 

On  connecting  with  sewers  outside  city,  two-thirds  vote  re- 
quired   791 

W 

Wabash,  St.  Louis  & Pacific  Railroad — 

Ordinance  concerning  vacation  of  parts  of  certain  streets.  . 1485 

Wards  and  Boundaries — 

City  divided  into  seven  wards 1043 

Boundaries  of  wards  defined 1044-1050 

Warrants — 

Not  to  be  drawn  unless  claimant  makes  oath,. etc 37 

Register  of  to  be  kept 52 

When  lost  or  destroyed 53 

For  special  assessments 63,64,67 

Police  may  serve,  on  whom 181 

Waste  Paper  Deposits — 

On  street  corners 1624 

Water- 

Stagnant,  nuisance,  how  abated 695 

Falling  from  roof  and  spreading  over  sidewalk,  penalty.  . . . 819 

Water  Works — 

Council  to  have  control,  etc 902 

Council  to  fix  water  rates 902 

For  Index  to  Laws  see  page  303. 


884 


INDEX  TO  ORDINANCES. 


Section 

Superintendent  of,  how  appointed,  bond 904 

Collector  for,  how  appointed,  duties,  bond,  etc 905 

Delinquent  rates,  a lien  on  property 906 

County  treasurer  to  sell  property  of  delinquents 907 

Water  not  to  be  used  without  permit,  city  may  shut  off 

water  908 

Duties  and  powers  of  council 909 

Water  commissioners  to  turn  over  property  to  the  city.  . . . 910 

Present  superintendent  and  secretary  to  serve  until,  etc.  . . . 911 

Repealing  clause  912 

Pollution  of  Sangamon  river 913 

Bathing  or  swimming  near  pumping  works 914 

Trespassing  on  or  injuring  reservoir  or  grounds : 15 

Use  of  water  regulated 916 

Taking  water  from  public  hydrant,  p’enalty 917 

Unpaid  bills  for,  water  shut  off 918 

Use  of  water  for  cistern  regulated 919,920 

Plumber  may  have  permit,  must  make  full  returns,  etc 921,922 

Connections  not  to  be  made  without  authority 923 

Regulations  for  control  of  plumbers 924-934 

Schedule  of  water  rates 935 

Water  free  to  new  factories 936 

Rules  governing  use  of  water,  penalty,  etc 937,938 

Rules  regulating  plumbers  and  plumbing  work,  etc.,  pen- 
alty   939,940 

License  issued  to  plumbers,  bonds  of,  conditions,  etc 941,942 

Weeds — (See  Nuisances.) 

Weights  and  Measures 355-365 

Witnesses — 

Police  officers  to  attend  as,  not  entitled  to  fees  for  attend- 
ance   205 

Depositions  in  contested  elections 451 

When  charges  against  officer,  how  summoned 727,728 

Working  Prisoners  on  . Streets 225-229 

Y 

Yards— 

Placing  hydrants  in  regulated 929 

Yeas  and  Nays — 

In  deciding  contested  election  of  aldermen 453 

On  removal  of  officer  by  mayor 725 


1 ',4 


/* 


. 


*r  * • 


A 


I 


3 0112  0721 


i 

. 'i  -i'  »•. 

,x.,  »>« inn-TV ’r'Efe 


pi 

.•  iV.'i'sV  4'  .'  i‘ 
■ ■ ' ■ 


£|1SI1§ 

uCt  -uttlttr! ; * . ' -fU- 


